The Appellate Group

State v. Begay

State v. Begay, 2024 UT App 63 (Harris, J.)

Statute of Limitations

In 2021, the State charged Defendant with two sex crimes from 1996 or 1997. Defendant filed a motion to dismiss on statute of limitations grounds, and after the district court denied Defendant’s motion, Defendant filed an interlocutory appeal. The Utah Court of Appeals reversed, holding:

  • The district court erred when it denied Defendant’s motion to dismiss.
    • The statute of limitations applicable to the charges in this case started to run in January 1998 when a report was made to law enforcement with (1) the intent of notifying that a crime had been committed and (2) sufficient information to put police on notice that Defendant had engaged in criminal sexual activity.
    • Because the statute of limitations expired in 2002, before the 2008 statutory amendments and the 2021 filing of these charges, the State may not now prosecute Defendant for these crimes.

Read the full court opinion