Offenses for which prosecution may be commenced at any time.

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  • (1) As used in this section:
    • (a) "Aggravating offense" means any offense incident to which a homicide was committed as described in Subsection 76-5-202(1)(d) or (e) or Subsection 76-5-202(2).
    • (b) "Predicate offense" means an offense described in Section 76-5-203(1) if a person other than a party as defined in Section 76-2-202 was killed in the course of the commission, attempted commission, or immediate flight from the commission or attempted commission of the offense.
  • (2) Notwithstanding any other provisions of this code, prosecution for the following offenses may be commenced at any time:
    • (a) capital felony;
    • (b) aggravated murder;
    • (c) murder;
    • (d) manslaughter;
    • (e) child abuse homicide;
    • (f) aggravated kidnapping;
    • (g) child kidnapping;
    • (h) rape;
    • (i) rape of a child;
    • (j) object rape;
    • (k) object rape of a child;
    • (l) forcible sodomy;
    • (m) sodomy on a child;
    • (n) sexual abuse of a child;
    • (o) aggravated sexual abuse of a child;
    • (p) aggravated sexual assault;
    • (q) any predicate offense to a murder or aggravating offense to an aggravated murder;
    • (r) aggravated human trafficking or aggravated human smuggling in violation of Section 76-5-310;
    • (s) aggravated exploitation of prostitution involving a child, under Section 76-10-1306; or
    • (t) human trafficking of a child, under Section 76-5-308.5.




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