Utah legal term
Person in custody in Utah Criminal Law
Current through 2026 Utah legislative session
In Utah criminal law, “Person in custody” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the Utah criminal code.
What does “Person in custody” mean in Utah criminal law?
"Person in custody" means an individual, either an adult 18 years old or older, or a minor younger than 18 years old, who is: (1)(a)(iii)(A) a prisoner, as defined in Section 76-5-101, and includes a prisoner who is in the custody of the Department of Corrections created under Section 64-13-2, but who is being housed at the Utah State Hospital established under Section 26B-5-302 or other medical facility; (1)(a)(iii)(B) under correctional supervision, such as at a work release facility or as a parolee or probationer; or (1)(a)(iii)(C) under lawful or unlawful arrest, either with or without a w (Utah Code Ann. § 76-5-412)
Statutes defining or using this term
Related terms in the same statutes
This reference is informational and is not legal advice.