76-2-409. Battered person mitigation.
(1) As used in this section: "Abuse" means the same as that term is defined in Section. 78B-7-102 "Cohabitant" means the same as the term is defined in Section. 78B-7-102 "Cohabitant" includes, notwithstanding the definition in Section, an individual who is: 78B-7-102 a minor when the minor's parent or stepparent, or an individual living with the minor's parent as if a stepparent to the minor, committed the criminal offense; or a parent or stepparent of a minor, or an individual living with a parent of a minor as if a stepparent to the minor, when the minor committed the criminal offense. "Minor" means an individual who is younger than 18 years old. "Parent" means an individual with an established parent-child relationship as described in Section. 81-5-201
(2) An individual is entitled to battered person mitigation if: the individual committed a criminal offense that was not legally justified; the individual committed the criminal offense against a cohabitant who demonstrated a pattern of abuse against the individual or another cohabitant of the individual; and the individual reasonably believed that the criminal offense was necessary to end the pattern of abuse. A reasonable belief under Subsectionis determined from the viewpoint of a reasonable person in the individual's circumstances, as the individual's circumstances are perceived by the individual. (2)(a)
(3) An individual claiming mitigation under Subsectionhas the burden of proving, by clear and convincing evidence, each element that would entitle the individual to mitigation under Subsection. (2)(a) (2)(a)
(4) Mitigation under Subsectionresults in a one-step reduction of the level of offense of which the individual is convicted. (2)(a)
(5) If the trier of fact is a jury, an individual is not entitled to mitigation under Subsectionunless the jury: (2)(a) finds the individual proved, in accordance with Subsection, that the individual is entitled to mitigation by unanimous vote; and (3) returns a special verdict for the reduced charge at the same time the jury returns the general verdict. A nonunanimous vote by the jury on the question of mitigation under Subsectiondoes not result in a hung jury. (2)(a)
(6) An individual intending to claim mitigation under Subsectionat the individual's trial shall give notice of the individual's intent to claim mitigation under Subsectionto the prosecuting agency at least 30 days before the individual's trial. (2)(a) (2)(a)