Changes in Criminal Law

New limits on defense access to victims' and witnesses' phone data

A 2026 law sets the rules for when a defense attorney can search private electronic data that police or prosecutors got from a victim or witness, such as the contents of a phone. The attorney can ask for a copy under a protective order, or ask to search the data in a virtual room or at the agency that holds it. During those searches the attorney may not copy or photograph anything.

If the request is refused, the defense can go to the judge. To get a copy, the defense has to show good cause, and the judge weighs how likely the data holds evidence the defense needs against the privacy of the victim or witness. A defendant without a lawyer cannot see the data at all, though the court can appoint a lawyer for that limited purpose. Police and prosecutors must adopt policies that keep this data locked down.

Sources: Utah law on victim and witness data.

Sexual assault victims can no longer be asked to take a polygraph

Police, prosecutors, judges and other officials may not ask or require a victim of a sexual offense to take a polygraph, and may not make one a condition of investigating or prosecuting the case. A victim's refusal cannot keep a case from being investigated, charged or prosecuted.

Sources: Utah law on polygraphs of victims.

Crime victims can ask to be named only by their initials

A crime victim can ask that initials replace the victim's name in charging documents and other public filings created by prosecutors, courts, police and other justice agencies. The agencies must keep the full name and provide it when a court orders it.

Sources: Utah law on victim privacy.

A homicide charge can follow an earlier conviction if the victim later dies

When a person is convicted of a crime that caused serious bodily injury and the victim later dies from that injury, prosecutors can now bring a homicide case even though the first case is over. The Board of Pardons and Parole may credit prison time served on the first conviction toward the new sentence.

Sources: Utah law on later prosecutions.

No license on you? The law tells police to take the car

An officer is directed to seize a vehicle when the driver has no driver's license, driving privilege card or learner permit in hand, unless the officer can confirm one was issued. The officer must check the state's criminal justice database before seizing it.

The officer does not have to take the car if the driver's license is only expired, the driver is under 18, a licensed passenger is willing to drive, a licensed person can pick the car up with the owner's permission, or seizing it would create a safety problem.

Sources: Utah law on vehicle seizure; TownLift, May 7, 2026.

Tougher sentencing guidelines are in effect

The Legislature approved the 2026 sentencing and supervision guidelines. According to the state Department of Criminal Justice, they count certain class B misdemeanors with public safety implications toward a person's criminal history and recommend tougher jail terms as a condition of probation for felony person and sex offenses. A separate proposal to recommend prison for three sex offenses is headed to lawmakers in January.

Sources: Department of Criminal Justice, 2026 session summary; KUTV, Oct. 6, 2026.