Title 39, Criminal Offenses

A person attains a specified age on the day of the anniversary of the person's birthdate.

(a) As used in this title, unless the context requires otherwise:(1) “Antique firearm” means:(A) Any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before the year 1898;(B) Any replica of any fire…

(a) When the same conduct may be defined under both a specific statute and a general statute, the person may be prosecuted under either statute, unless the specific statute precludes prosecution under the general statute. (b) When the same conduct may be defined under two (2) or …

All violations of law that may be punished by one (1) year or more of confinement or by the infliction of the death penalty are denominated felonies, and all violations of law punishable by fine or confinement for less than one (1) year, or both, are denominated misdemeanors.

When the performance or nonperformance of any act is made criminal by statute, and no penalty, punishment or forfeiture for the violation of that statute is imposed, the doing of the act is a misdemeanor.

When a penal statute or penal legislative act of the state is repealed or amended by a subsequent legislative act, the offense, as defined by the statute or act being repealed or amended, committed while the statute or act was in full force and effect shall be prosecuted under th…

Every person who is convicted of a felony, the punishment for which is not otherwise prescribed by a statute of this state, shall be sentenced as for a Class E felony.

Every person who is convicted of a misdemeanor, the punishment for which is not otherwise prescribed by a statute of this state, shall be sentenced as for a Class A misdemeanor.

Whenever a determination of value is necessary to assess the class of an offense in this code or the level of punishment, the determination of value shall be made by the trier of fact beyond a reasonable doubt.

(a) (1) For the purposes of classification of other offenses, first degree murder is one (1) class above Class A.(2) Attempted first degree murder and conspiracy to commit first degree murder are Class A felonies.(3) Solicitation to commit first degree murder is a Class B felony.…

(a) In addition to the punishment authorized by the specific statute prohibiting the conduct, it is a part of the punishment for any offense committed in this state that the person committing the offense may be sentenced by the court to pay restitution to the victim or victims of…

(a) No person may be convicted of an offense unless each of the following is proven beyond a reasonable doubt:(1) The conduct, circumstances surrounding the conduct, or a result of the conduct described in the definition of the offense;(2) The culpable mental state required;(3) T…

(a) An exception to an offense in this title is so labeled by the phrase: “It is an exception to the application of …,” or words of similar import. (b) (1) Unless the statute defining an offense states to the contrary, the state need not negate the existence of an exception in th…

(a) A defense to prosecution for an offense in this title is so labeled by the phrase: “It is a defense to prosecution under … that …”. (b) The state is not required to negate the existence of a defense in the charge alleging commission of the offense. (c) The issue of the existe…

(a) An affirmative defense in this title is so labeled by the phrase: “It is an affirmative defense to prosecution under …, which must be proven by a preponderance of the evidence, that …” or words of similar import. (b) The state is not required to negate the existence of an aff…

(a) (1) A person commits an offense who acts intentionally, knowingly, recklessly or with criminal negligence, as the definition of the offense requires, with respect to each element of the offense.(2) When the law provides that criminal negligence suffices to establish an elemen…

(a) “Intentional” refers to a person who acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result. (b) “Knowing” refers to a person who acts knowin…

(a) A person is criminally responsible as a party to an offense, if the offense is committed by the person's own conduct, by the conduct of another for which the person is criminally responsible, or by both. (b) Each party to an offense may be charged with commission of the offen…

(1) A person is criminally responsible for an offense committed by the conduct of another, if:(1) Acting with the culpability required for the offense, the person causes or aids an innocent or irresponsible person to engage in conduct prohibited by the definition of the offense;(…

(a) A person is criminally responsible for the facilitation of a felony, if, knowing that another intends to commit a specific felony, but without the intent required for criminal responsibility under § 39-11-402(2), the person knowingly furnishes substantial assistance in the co…

(a) A corporation commits an offense when:(1) The conduct constituting the offense consists of an intentional failure to discharge a specific duty imposed upon corporations by criminal law;(2) The conduct constituting the offense is engaged in, authorized, commanded or knowingly …

A person is criminally liable for conduct constituting an offense that the person performs or causes to be performed in the name of or on behalf of a corporation to the same extent as if the conduct were performed in the person's own name or behalf.

(a) It is an affirmative defense to prosecution of a corporation under § 39-11-404(a)(1) or (3) or § 39-11-405, which must be proven by a preponderance of the evidence, that the high managerial agent having supervisory responsibility over the subject matter of the offense employe…

(1) In a prosecution in which a person's criminal responsibility is based upon the conduct of another, the person may be convicted on proof of commission of the offense and that the person was a party to or facilitated its commission, and it is no defense that:(1) The other belon…

(a) A person is an accessory after the fact who, after the commission of a felony, with knowledge or reasonable ground to believe that the offender has committed the felony, and with the intent to hinder the arrest, trial, conviction or punishment of the offender:(1) Harbors or c…

(a) It is an affirmative defense to prosecution that, at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature or wrongfulness of the defendant's acts. Mental disease o…

(a) Except in prosecutions for violations of §§ 39-13-504(a)(4) and 39-13-522, ignorance or mistake of fact is a defense to prosecution if the ignorance or mistake negates the culpable mental state of the charged offense. (b) Although a person's ignorance or mistake of fact may c…

(a) Except as provided in subsection (c), intoxication itself is not a defense to prosecution for an offense. However, intoxication, whether voluntary or involuntary, is admissible in evidence, if it is relevant to negate a culpable mental state. (b) If recklessness establishes a…

(a) Duress is a defense to prosecution where the person or a third person is threatened with harm that is present, imminent, impending and of such a nature to induce a well-grounded apprehension of death, serious bodily injury, or grave sexual abuse if the act is not done. The th…

It is a defense to prosecution that law enforcement officials, acting either directly or through an agent, induced or persuaded an otherwise unwilling person to commit an unlawful act when the person was not predisposed to do so. If a defendant intends to rely on the defense of e…

It is a defense to prosecution that the conduct of the person is justified under this part.

(1) As used in this part, unless the context otherwise requires:(1) “Custody” means under arrest by a law enforcement officer, or under restraint by an officer, employee or agent of government pursuant to an order of a court;(2) “Deadly force” means force that is intended or know…

Confinement is justified when force is justified by this part, if the person takes reasonable measures to terminate the confinement as soon as the person knows it can be done safely, unless the individual confined has been arrested for an offense.

Even though a person is justified under this part in threatening or using force or deadly force against another, the justification afforded by this part is unavailable in a prosecution for harm to an innocent third person who is recklessly injured or recklessly killed by the use …

The fact that conduct is justified under this part does not abolish or impair any remedy for the conduct that is or may be available in a civil suit.

(1) Except as provided in §§ 39-11-611 — 39-11-616, 39-11-620 and 39-11-621, conduct is justified, if:(1) The person reasonably believes the conduct is immediately necessary to avoid imminent harm; and(2) The desirability and urgency of avoiding the harm clearly outweigh the harm…

(a) Except as qualified by subsections (b) and (c), conduct is justified if the person reasonably believes the conduct is required or authorized by law, by the judgment or order of a competent court or other tribunal, or in the execution of legal process. (b) The following sectio…

(a) As used in this section, unless the context otherwise requires:(1) “Business” means a commercial enterprise or establishment owned by a person as all or part of the person's livelihood or is under the owner's control or who is an employee or agent of the owner with responsibi…

(1) A person is justified in threatening or using force against another to protect a third person, if:(1) Under the circumstances as the person reasonably believes them to be, the person would be justified under § 39-11-611 in threatening or using force to protect against the use…

A person is justified in threatening or using force, but not deadly force, against another, when and to the degree the person reasonably believes the force is immediately necessary to prevent the other from committing suicide or from the self-infliction of serious bodily injury.

(a) A person in lawful possession of real or personal property is justified in threatening or using force against another, when and to the degree it is reasonably believed the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful inte…

A person is justified in threatening or using force against another to protect real or personal property of a third person, if, under the circumstances as the person reasonably believes them to be, the person would be justified under § 39-11-614 in threatening or using force to p…

(a) The justification afforded by §§ 39-11-614(a) and (b) and 39-11-615 extends to the use of a device for the purpose of protecting property, only if:(1) The device is not designed to cause or known to create a substantial risk of causing death or serious bodily harm;(2) The use…

(a) A law enforcement officer, after giving notice of the officer's identity as such, may use or threaten to use force that is reasonably necessary to accomplish the arrest of an individual suspected of a criminal act who resists or flees from the arrest. (b) Notwithstanding subs…

A private citizen, in making an arrest authorized by law, may use force reasonably necessary to accomplish the arrest of an individual who flees or resists the arrest; provided, that a private citizen cannot use or threaten to use deadly force except to the extent authorized unde…

(a) A person who uses force as permitted in §§ 39-11-611 — 39-11-614, § 29-34-201, or § 49-6-4107, is justified in using such force and is immune from civil liability for the use of such force, unless:(1) The person against whom force was used is a law enforcement officer, as def…