32B-4-205 (Effective 07/01/11) - Prosecutions.
32B-4-205 (Effective 07/01/11). Prosecutions.
(1) (a) A prosecution for a violation of this title shall be in the name of the state.
(b) A criminal action for violation of a county or municipal ordinance enacted infurtherance of this title shall be in the name of the governmental entity involved.
(2) (a) A prosecution for violation of this title shall be brought by the county attorney ofthe county or district attorney of the prosecution district where the violation occurs. If a countyattorney or district attorney fails to initiate or diligently pursue a prosecution authorized andwarranted under this title, the attorney general shall exercise supervisory authority over thecounty attorney or district attorney to ensure prosecution is initiated and diligently pursued.
(b) If a violation occurs within a city or town, prosecution may be brought by either thecounty, district, or city attorney, notwithstanding any provision of law limiting the powers of acity attorney.
(c) A city or town prosecutor has the responsibility of initiating and diligently pursuingprosecutions for a violation of a local ordinance enacted in furtherance of this title or commissionrules.
(3) (a) A prosecution for a violation of this title shall be commenced by the return of anindictment or the filing of an information with the district court of the county in which theoffense occurs or where the premises are located upon which an alcoholic product is seized, if theoffense involves an alcoholic product.
(b) An offense prescribed by this title that is not described in Subsection (3)(a) shall befiled before a court having jurisdiction of the offense committed.
(4) (a) Unless otherwise provided by law, an information may not be filed charging thecommission of a felony or class A misdemeanor under this title unless authorized by aprosecuting attorney.
(b) This Subsection (4) does not apply if the magistrate has reasonable cause to believethat the person to be charged may avoid apprehension or escape before approval can be obtained.
(5) (a) In describing an offense respecting the sale, keeping for sale, or other disposal ofan alcoholic product, or the possessing, keeping, purchasing, consumption, or giving of analcoholic product in an information, indictment, summons, judgment, warrant, or proceedingunder this title, it is sufficient to state the possessing, purchasing, keeping, sale, keeping for sale,giving, consumption, or disposal of the alcoholic product without stating:
(i) the name or kind of alcoholic product;
(ii) the price of the alcoholic product;
(iii) any person to whom the alcoholic product is sold or disposed of;
(iv) by whom the alcoholic product is taken or consumed; or
(v) from whom the alcoholic product is purchased or received.
(b) It is not necessary to state the quantity of alcoholic product possessed, purchased,kept, kept for sale, sold, given, consumed, or disposed of, except in the case of an offense whenthe quantity is essential, and then it is sufficient to allege the sale or disposal of more or less thanthe quantity.
(6) If an offense is committed under a local ordinance enacted to carry out this title, it issufficient if the charging document refers to the chapter and section of the ordinance under whichthe offense is committed.
Enacted by Chapter 276, 2010 General Session