Utah criminal charge
Unlawful absence after pretrial release in Utah
Unlawful absence after pretrial release is a criminal offense under Utah law, defined by Utah Code Ann. § 76-8-312. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Utah Code Ann. § 76-8-312.
What is the penalty for unlawful absence after pretrial release in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Failure to appear on felony charge — Applies when the offense for which the actor failed to appear is a felony.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $5,000 (Failure to appear on felony charge — Applies when the offense for which the actor failed to appear is a felony.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | up to 6 months (Failure to appear on misdemeanor charge — Applies when the offense for which the actor failed to appear is a misdemeanor.) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (Failure to appear on misdemeanor charge — Applies when the offense for which the actor failed to appear is a misdemeanor.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $750 (Failure to appear on infraction charge — Applies when the offense for which the actor failed to appear is an infraction.; no imprisonment for an infraction (Utah Code Ann. § 76-3-205); fined as for a class C misdemeanor when no punishment is specified; the fine may be satisfied by compensatory service) | discretionary | Utah Code Ann. § 76-3-205 |
Applies to current (2026 General Session).
How is unlawful absence after pretrial release classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Failure to appear on felony charge | Third Degree Felony | Applies when the offense for which the actor failed to appear is a felony. | Utah Code Ann. § 76-8-312(3)(a) |
| Failure to appear on misdemeanor charge | Class B Misdemeanor | Applies when the offense for which the actor failed to appear is a misdemeanor. | Utah Code Ann. § 76-8-312(3)(b) |
| Failure to appear on infraction charge | Infraction | Applies when the offense for which the actor failed to appear is an infraction. | Utah Code Ann. § 76-8-312(3)(c) |
Common questions about unlawful absence after pretrial release in Utah
Is unlawful absence after pretrial release a felony or a misdemeanor in Utah?
It depends on the circumstances: unlawful absence after pretrial release ranges from a Infraction to a Third Degree Felony in Utah under Utah Code Ann. § 76-8-312.
Failure to appear on felony charge: Third Degree Felony (Utah Code Ann. § 76-8-312(3)(a)) · Failure to appear on misdemeanor charge: Class B Misdemeanor (Utah Code Ann. § 76-8-312(3)(b)) · Failure to appear on infraction charge: Infraction (Utah Code Ann. § 76-8-312(3)(c))
What are the penalties for unlawful absence after pretrial release in Utah?
Penalties for unlawful absence after pretrial release in Utah depend on how it is classified — from a Infraction up to a Third Degree Felony — with the ranges set by Utah Code Ann. § 76-3-203, Utah Code Ann. § 76-3-204 and Utah Code Ann. § 76-3-205; the full table of ranges by variant is published on this page.
Which Utah statute covers unlawful absence after pretrial release?
Unlawful absence after pretrial release is governed by Utah Code Ann. § 76-8-312 (Unlawful absence after pretrial release).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.