What is the Statute of Limitations for Prescription Fraud in Utah?
Full Question:
Answer:
The answer will depend on the facts involved, such as whether the charge was a felony or misdemeanor. Generally, the statute of limitation is four years if a felony, or two years if a misdemeanor.
Please see the following Utah statutes to determine applicability:
76-1-302. Time limitations for prosecution of offenses — Provisions if DNA
evidence would identify the defendant — Commencement of prosecution.
(1) Except as otherwise provided, a prosecution for:
(a) a felony or negligent homicide shall be commenced within four years
after it is committed, except that prosecution for:
(i) forcible sexual abuse shall be commenced within eight years after the
offense is committed, if within four years after its commission the offense
is reported to a law enforcement agency; and
(ii) incest shall be commenced within eight years after the offense is
committed, if within four years after its commission the offense is
reported to a law enforcement agency;
(b) a misdemeanor other than negligent homicide shall be commenced within
two years after it is committed; and
(c) any infraction shall be commenced within one year after it is
committed.
(2)(a) Notwithstanding Subsection (1), prosecution for the offenses
listed in Subsections 76-3-203.5(1)(c)(i)(A) through (AA) may be commenced
at any time if the identity of the person who committed the crime is
unknown but DNA evidence is collected that would identify the person at a
later date.
(b) Subsection (2)(a) does not apply if the statute of limitations on a
crime has run as of May 5, 2003, and no charges have been filed.
(3) If the statute of limitations would have run but for the provisions
of Subsection (2) and identification of a perpetrator is made through DNA,
a prosecution shall be commenced within one year of the discovery of the
identity of the perpetrator.
(4) A prosecution is commenced upon:
(a) the finding and filing of an indictment by a grand jury;
(b) the filing of a complaint or information; or
(c) the issuance of a citation.
58-37-8. Prohibited acts — Penalties.
(1) Prohibited acts A — Penalties:
(a) Except as authorized by this chapter, it is unlawful for any person
to knowingly and intentionally:
(i) produce, manufacture, or dispense, or to possess with intent to
produce, manufacture, or dispense, a controlled or counterfeit substance;
(ii) distribute a controlled or counterfeit substance, or to agree,
consent, offer, or arrange to distribute a controlled or counterfeit
substance;
(iii) possess a controlled or counterfeit substance with intent to
distribute; or
(iv) engage in a continuing criminal enterprise where:
(A) the person participates, directs, or engages in conduct which results
in any violation of any provision of Title 58, Chapters 37, 37a, 37b, 37c,
or 37d that is a felony; and
(B) the violation is a part of a continuing series of two or more
violations of Title 58, Chapters 37, 37a, 37b, 37c, or 37d on separate
occasions that are undertaken in concert with five or more persons with
respect to whom the person occupies a position of organizer, supervisor, or
any other position of management.
(b) Any person convicted of violating Subsection (1)(a) with respect to:
(i) a substance or a counterfeit of a substance classified in Schedule I
or II, a controlled substance analog, or gammahydroxybutyric acid as listed
in Schedule III is guilty of a second degree felony and upon a second or
subsequent conviction is guilty of a first degree felony;
(ii) a substance or a counterfeit of a substance classified in Schedule
III or IV, or marijuana, is guilty of a third degree felony, and upon a
second or subsequent conviction is guilty of a second degree felony; or
(iii) a substance or a counterfeit of a substance classified in Schedule
V is guilty of a class A misdemeanor and upon a second or subsequent
conviction is guilty of a third degree felony.
(c) Any person who has been convicted of a violation of
Subsection (1)(a)(ii) or (iii) may be sentenced to imprisonment for an indeterminate
term as provided by law, but if the trier of fact finds a firearm as
defined in Section 76-10-501 was used, carried, or possessed on his person
or in his immediate possession during the commission or in furtherance of
the offense, the court shall additionally sentence the person convicted for
a term of one year to run consecutively and not concurrently; and the court
may additionally sentence the person convicted for an indeterminate term
not to exceed five years to run consecutively and not concurrently.
(d) Any person convicted of violating Subsection (1)(a)(iv) is guilty of
a first degree felony punishable by imprisonment for an indeterminate term
of not less than seven years and which may be for life. Imposition or
execution of the sentence may not be suspended, and the person is not
eligible for probation.
(2) Prohibited acts B — Penalties:
(a) It is unlawful:
(i) for any person knowingly and intentionally to possess or use a
controlled substance analog or a controlled substance, unless it was
obtained under a valid prescription or order, directly from a practitioner
while acting in the course of the person's professional practice, or as
otherwise authorized by this chapter;
(ii) for any owner, tenant, licensee, or person in control of any
building, room, tenement, vehicle, boat, aircraft, or other place knowingly
and intentionally to permit them to be occupied by persons unlawfully
possessing, using, or distributing controlled substances in any of those
locations; or
(iii) for any person knowingly and intentionally to possess an altered or
forged prescription or written order for a controlled substance.
(b) Any person convicted of violating Subsection (2)(a)(i) with respect
to:
(i) marijuana, if the amount is 100 pounds or more, is guilty of a second
degree felony;
(ii) a substance classified in Schedule I or II, marijuana, if the amount
is more than 16 ounces, but less than 100 pounds, or a controlled substance
analog, is guilty of a third degree felony; or
(iii) marijuana, if the marijuana is not in the form of an extracted
resin from any part of the plant, and the amount is more than one ounce but
less than 16 ounces, is guilty of a class A misdemeanor.
(c) Upon a person's conviction of a violation of this Subsection (2)
subsequent to a conviction under Subsection (1)(a), that person shall be
sentenced to a one degree greater penalty than provided in this
Subsection (2).
(d) Any person who violates Subsection (2)(a)(i) with respect to all
other controlled substances not included in Subsection (2)(b)(i), (ii), or
(iii), including less than one ounce of marijuana, is guilty of a class B
misdemeanor. Upon a second conviction the person is guilty of a class A
misdemeanor, and upon a third or subsequent conviction the person is guilty
of a third degree felony.
(e) Any person convicted of violating Subsection (2)(a)(i) while inside
the exterior boundaries of property occupied by any correctional facility
as defined in Section 64-13-1 or any public jail or other place of
confinement shall be sentenced to a penalty one degree greater than
provided in Subsection (2)(b), and if the conviction is with respect to
controlled substances as listed in:
(i) Subsection (2)(b), the person may be sentenced to imprisonment for an
indeterminate term as provided by law, and:
(A) the court shall additionally sentence the person convicted to a term
of one year to run consecutively and not concurrently; and
(B) the court may additionally sentence the person convicted for an
indeterminate term not to exceed five years to run consecutively and not
concurrently; and
(ii) Subsection (2)(d), the person may be sentenced to imprisonment for
an indeterminate term as provided by law, and the court shall additionally
sentence the person convicted to a term of six months to run consecutively
and not concurrently.
(f) Any person convicted of violating Subsection (2)(a)(ii) or
(2)(a)(iii) is:
(i) on a first conviction, guilty of a class B misdemeanor;
(ii) on a second conviction, guilty of a class A misdemeanor; and
(iii) on a third or subsequent conviction, guilty of a third degree
felony.
(g) A person is subject to the penalties under Subsection (2)(h) who, in
an offense not amounting to a violation of Section 76-5-207:
(i) violates Subsection (2)(a)(i) by knowingly and intentionally having
in the person's body any measurable amount of a controlled substance; and
(ii) operates a motor vehicle as defined in Section 76-5-207 in a
negligent manner, causing serious bodily injury as defined in
Section 76-1-601 or the death of another.
(h) A person who violates Subsection (2)(g) by having in the person's
body:
(i) a controlled substance classified under Schedule I, other than those
described in Subsection (2)(h)(ii), or a controlled substance classified
under Schedule II is guilty of a second degree felony;
(ii) marijuana, tetrahydrocannabinols, or equivalents described in
Subsection 58-37-4(2)(a)(iii)(S) or (AA) is guilty of a third degree
felony; or
(iii) any controlled substance classified under Schedules III, IV, or V
is guilty of a class A misdemeanor.
(i) A person is guilty of a separate offense for each victim suffering
serious bodily injury or death as a result of the person's negligent
driving in violation of Subsection 58-37-8(2)(g) whether or not the
injuries arise from the same episode of driving.
(3) Prohibited acts C — Penalties:
(a) It is unlawful for any person knowingly and intentionally:
(i) to use in the course of the manufacture or distribution of a
controlled substance a license number which is fictitious, revoked,
suspended, or issued to another person or, for the purpose of obtaining a
controlled substance, to assume the title of, or represent oneself to be, a
manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or
other authorized person;
(ii) to acquire or obtain possession of, to procure or attempt to procure
the administration of, to obtain a prescription for, to prescribe or
dispense to any person known to be attempting to acquire or obtain
possession of, or to procure the administration of any controlled substance
by misrepresentation or failure by the person to disclose receiving any
controlled substance from another source, fraud, forgery, deception,
subterfuge, alteration of a prescription or written order for a controlled
substance, or the use of a false name or address;
(iii) to make any false or forged prescription or written order for a
controlled substance, or to utter the same, or to alter any prescription or
written order issued or written under the terms of this chapter; or
(iv) to make, distribute, or possess any punch, die, plate, stone, or
other thing designed to print, imprint, or reproduce the trademark, trade
name, or other identifying mark, imprint, or device of another or any
likeness of any of the foregoing upon any drug or container or labeling so
as to render any drug a counterfeit controlled substance.
(b) Any person convicted of violating Subsection (3)(a) is guilty of a
third degree felony.
(4) Prohibited acts D — Penalties:
(a) Notwithstanding other provisions of this section, a person not
authorized under this chapter who commits any act declared to be unlawful
under this section, Title 58, Chapter 37a, Utah Drug Paraphernalia Act, or
under Title 58, Chapter 37b, Imitation Controlled Substances Act, is upon
conviction subject to the penalties and classifications under this
Subsection (4) if the trier of fact finds the act is committed:
(i) in a public or private elementary or secondary school or on the
grounds of any of those schools;
(ii) in a public or private vocational school or postsecondary
institution or on the grounds of any of those schools or institutions;
(iii) in those portions of any building, park, stadium, or other
structure or grounds which are, at the time of the act, being used for an
activity sponsored by or through a school or institution under Subsections
(4)(a)(i) and (ii);
(iv) in or on the grounds of a preschool or child-care facility;
(v) in a public park, amusement park, arcade, or recreation center;
(vi) in or on the grounds of a house of worship as defined in
Section 76-10-501;
(vii) in a shopping mall, sports facility, stadium, arena, theater, movie
house, playhouse, or parking lot or structure adjacent thereto;
(viii) in or on the grounds of a library;
(ix) within any area that is within 1,000 feet of any structure,
facility, or grounds included in Subsections (4)(a)(i), (ii), (iv), (vi),
and (vii);
(x) in the presence of a person younger than 18 years of age, regardless
of where the act occurs; or
(xi) for the purpose of facilitating, arranging, or causing the
transport, delivery, or distribution of a substance in violation of this
section to an inmate or on the grounds of any correctional facility as
defined in Section 76-8-311.3.
(b) (i) A person convicted under this Subsection (4) is guilty of a first
degree felony and shall be imprisoned for a term of not less than five
years if the penalty that would otherwise have been established but for
this Subsection (4) would have been a first degree felony.
(ii) Imposition or execution of the sentence may not be suspended, and
the person is not eligible for probation.
(c) If the classification that would otherwise have been established
would have been less than a first degree felony but for this
Subsection (4), a person convicted under this Subsection (4) is guilty of one degree
more than the maximum penalty prescribed for that offense. This
Subsection (4)(c) does not apply to a violation of Subsection (2)(g).
(d) (i) If the violation is of Subsection (4)(a)(xi):
(A) the person may be sentenced to imprisonment for an indeterminate term
as provided by law, and the court shall additionally sentence the person
convicted for a term of one year to run consecutively and not concurrently;
and
(B) the court may additionally sentence the person convicted for an
indeterminate term not to exceed five years to run consecutively and not
concurrently; and
(ii) the penalties under this Subsection (4)(d) apply also to any person
who, acting with the mental state required for the commission of an
offense, directly or indirectly solicits, requests, commands, coerces,
encourages, or intentionally aids another person to commit a violation of
Subsection (4)(a)(xi).
(e) It is not a defense to a prosecution under this Subsection (4) that
the actor mistakenly believed the individual to be 18 years of age or older
at the time of the offense or was unaware of the individual's true age; nor
that the actor mistakenly believed that the location where the act occurred
was not as described in Subsection (4)(a) or was unaware that the location
where the act occurred was as described in Subsection (4)(a).
(5) Any violation of this chapter for which no penalty is specified is a
class B misdemeanor.
(6) For purposes of penalty enhancement under Subsections (1)(b) and
(2)(c), a plea of guilty or no contest to a violation of this section which
is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the
equivalent of a conviction, even if the charge has been subsequently
reduced or dismissed in accordance with the plea in abeyance agreement.
(7) A person may be charged and sentenced for a violation of this
section, notwithstanding a charge and sentence for a violation of any other
section of this chapter.
(8)(a) Any penalty imposed for violation of this section is in addition
to, and not in lieu of, any civil or administrative penalty or sanction
authorized by law.
(b) Where violation of this chapter violates a federal law or the law of
another state, conviction or acquittal under federal law or the law of
another state for the same act is a bar to prosecution in this state.
(9) In any prosecution for a violation of this chapter, evidence or proof
which shows a person or persons produced, manufactured, possessed,
distributed, or dispensed a controlled substance or substances, is prima
facie evidence that the person or persons did so with knowledge of the
character of the substance or substances.
(10) This section does not prohibit a veterinarian, in good faith and in
the course of the veterinarian's professional practice only and not for
humans, from prescribing, dispensing, or administering controlled
substances or from causing the substances to be administered by an
assistant or orderly under the veterinarian's direction and supervision.
(11) Civil or criminal liability may not be imposed under this
section on:
(a) any person registered under this chapter who manufactures,
distributes, or possesses an imitation controlled substance for use as a
placebo or investigational new drug by a registered practitioner in the
ordinary course of professional practice or research; or
(b) any law enforcement officer acting in the course and legitimate scope
of the officer's employment.
(12)(a) Civil or criminal liability may not be imposed under this
section on any Indian, as defined in Subsection 58-37-2(1)(v), who uses, possesses,
or transports peyote for bona fide traditional ceremonial purposes in
connection with the practice of a traditional Indian religion as defined in
Subsection 58-37-2(1)(w).
(b) In a prosecution alleging violation of this section regarding peyote
as defined in Subsection 58-37-4(2)(a)(iii)(V), it is an affirmative
defense that the peyote was used, possessed, or transported by an Indian
for bona fide traditional ceremonial purposes in connection with the
practice of a traditional Indian religion.
(c) (i) The defendant shall provide written notice of intent to claim an
affirmative defense under this Subsection (12) as soon as practicable, but
not later than 10 days prior to trial.
(ii) The notice shall include the specific claims of the affirmative
defense.
(iii) The court may waive the notice requirement in the interest of
justice for good cause shown, if the prosecutor is not unfairly prejudiced
by the lack of timely notice.
(d) The defendant shall establish the affirmative defense under this
Subsection (12) by a preponderance of the evidence. If the defense is
established, it is a complete defense to the charges.
(13) If any provision of this chapter, or the application of any
provision to any person or circumstances, is held invalid, the remainder of
this chapter shall be given effect without the invalid provision or
application.