(1)

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
first degree felony5 years to lifeup to $10,000
For details, see Utah Code § 76-3-203
criminal case

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Terms Used In Utah Code 77-38b-205

  • Conviction: A judgement of guilt against a criminal defendant.
  • Conviction: means :
              (3)(a)(i) a plea of:
                   (3)(a)(i)(A) guilty;
                   (3)(a)(i)(B) guilty with a mental condition; or
                   (3)(a)(i)(C) no contest; or
              (3)(a)(ii) a judgment of:
                   (3)(a)(ii)(A) guilty; or
                   (3)(a)(ii)(B) guilty with a mental condition. See Utah Code 77-38b-102
  • Criminal accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-38b-102
  • Criminal conduct: means :
         (5)(a) any misdemeanor or felony offense of which the defendant is convicted; or
         (5)(b) any other criminal behavior for which the defendant admits responsibility to the court with or without an admission of committing the criminal behavior. See Utah Code 77-38b-102
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defendant: means an individual who has been convicted of, or entered into a plea disposition for, criminal conduct. See Utah Code 77-38b-102
  • Dependent: A person dependent for support upon another.
  • Dependent: includes :
              (9)(b)(i) a child:
                   (9)(b)(i)(A) who is younger than 18 years old; and
                   (9)(b)(i)(B) for whom a deceased victim, or a permanently impaired victim, is the adoptive or biological parent or legal guardian;
              (9)(b)(ii) an unborn child who has a parent-child relationship with a deceased victim, or a permanently impaired victim, in accordance with Title 78B, Chapter 15, Utah Uniform Parentage Act; or
              (9)(b)(iii) an incapacitated individual for whom a deceased victim, or a permanently impaired victim, is the adoptive or biological parent or the legal guardian. See Utah Code 77-38b-102
  • Dependent support: means the financial obligation of an individual to provide for the routine needs of a dependent, including food, clothing, health care, safety, or shelter. See Utah Code 77-38b-102
  • Diversion agreement: means an agreement entered into by the prosecuting attorney and the defendant that suspends criminal proceedings before conviction on the condition that a defendant agree to participate in a rehabilitation program, pay restitution to the victim, or fulfill some other condition. See Utah Code 77-38b-102
  • Office: means the Office of State Debt Collection created in Section 63A-3-502. See Utah Code 77-38b-102
  • Payment schedule: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-38b-102
  • Pecuniary damages: means all demonstrable economic injury, losses, and expenses regardless of whether the economic injury, losses, and expenses have yet been incurred. See Utah Code 77-38b-102
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Plea in abeyance: means an order by a court, upon motion of the prosecuting attorney and the defendant, accepting a plea of guilty or of no contest from the defendant but not, at that time, entering judgment of conviction against the defendant nor imposing sentence upon the defendant on condition that the defendant comply with specific conditions as set forth in a plea in abeyance agreement. See Utah Code 77-38b-102
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restitution: means the payment of pecuniary damages to a victim. See Utah Code 77-38b-102
  • Victim: includes :
              (26)(b)(i) the Utah Office for Victims of Crime if the Utah Office for Victims of Crime makes a payment to, or on behalf of, a victim under Section 63M-7-519;
              (26)(b)(ii) the estate of a deceased victim;
              (26)(b)(iii) a dependent; or
              (26)(b)(iv) a parent, spouse, intimate partner as defined in Utah Code 77-38b-102
     (1)(a) If a defendant is convicted, as defined in Section 76-3-201, the court shall order a defendant, as part of the sentence imposed under Section 76-3-201, to pay restitution to all victims:

          (1)(a)(i) in accordance with the terms of any plea agreement in the case; or
          (1)(a)(ii) for the entire amount of pecuniary damages that are proximately caused to each victim by the criminal conduct of the defendant.
     (1)(b) If a court enters a plea in abeyance or a diversion agreement for a defendant that includes an agreement to pay restitution, the court shall order the defendant to pay restitution to all victims:

          (1)(b)(i) in accordance with the terms of the plea in abeyance or the diversion agreement; or
          (1)(b)(ii) if the terms of the plea in abeyance include an agreement between the parties that restitution will be determined by the court as described in Section 77-2a-3, for the entire amount of pecuniary damages that are proximately caused to each victim by the criminal conduct of the defendant.
(2)

     (2)(a) Except as provided in Subsection (2)(b), in determining the amount of pecuniary damages under Subsection (1)(a)(ii) or (b)(ii), the court shall consider all relevant facts to establish an amount that fully compensates a victim for all pecuniary damages proximately caused by the criminal conduct of the defendant.
     (2)(b) If the court determines that the defendant owes pecuniary damages to a dependent for dependent support, the court shall establish the amount of dependent support owed to the dependent as described in Section 77-38b-206.
     (2)(c) Subsection (2)(b) does not prohibit the court from also ordering restitution for a victim under Subsection (2)(a) that is not dependent support.
(3) The court shall enter the determination of the amount of restitution under Subsection (1)(a)(ii) or (b)(ii) as a finding on the record.
(4) Upon an order for a defendant to pay restitution under Subsection (1), the court shall:

     (4)(a) enter an order to establish a criminal accounts receivable as described in Section 77-32b-103; and
     (4)(b) establish a payment schedule for the criminal accounts receivable as described in Section 77-32b-103.
(5) If the defendant objects to a request for restitution, the court shall allow the defendant to have a hearing on the issue, unless the issue is addressed at the sentencing hearing for the defendant.
(6) If a court does not enter an order for restitution at sentencing, the court shall schedule a hearing to enter an order for restitution, unless:

     (6)(a) the court finds as a matter of law that there is no victim in the case; or
     (6)(b) the prosecuting attorney certifies to the court, on the record, that:

          (6)(b)(i) the prosecuting attorney has consulted with all victims, including the Utah Office for Victims of Crime; and
          (6)(b)(ii) all victims, including the Utah Office for Victims of Crime, are not seeking restitution.
(7)

     (7)(a) A court shall enter an order for restitution in a defendant’s case no later than the earlier of:

          (7)(a)(i) the termination of the defendant’s sentence, including early termination of the defendant’s sentence; or
          (7)(a)(ii)

               (7)(a)(ii)(A) if the defendant is convicted and imprisoned for a first degree felony, within seven years after the day on which the court sentences the defendant for the first degree felony conviction; or
               (7)(a)(ii)(B) except as provided in Subsection (7)(a)(ii)(A), and if the defendant is convicted of a felony, within three years after the day on which the court sentences the defendant for the felony conviction.
     (7)(b) A request for restitution that is made within the time period described in Subsection (7)(a) tolls the time for which the court must enter an order for restitution under Subsection (7)(a) but does not extend the term of the defendant’s probation or period of incarceration.
(8)

     (8)(a) If a court does not order restitution at sentencing or at a hearing described in Subsection (6), the prosecuting attorney or the victim may file a motion for restitution within the time periods described in Subsection (7).
     (8)(b) If the defendant receives notice and does not object to a motion for restitution, the court may order restitution without a hearing.
     (8)(c) If the defendant receives notice and objects to a motion for restitution, the court may schedule a hearing to determine whether restitution should be ordered if the prosecuting attorney or victim shows good cause.
(9) Upon a motion from the prosecuting attorney or the victim within the time periods described in Subsection (7), the court may modify an existing order of restitution, including the amount of pecuniary damages owed by the defendant in the order for restitution, if the prosecuting attorney or the victim shows good cause for modifying the order.

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