Title 76, Title 76: Criminal Offenses

76-1-104. Purposes and principles of construction. The provisions of this code shall be construed in accordance with these general purposes. (1) Forbid and prevent the commission of offenses. (2) Define adequately the conduct and mental state which constitute each offense and saf…

76-1-105. Common law crimes abolished. Common law crimes are abolished and no conduct is a crime unless made so by this code, other applicable statute or ordinance.

76-1-106. Strict construction rule not applicable. The rule that a penal statute is to be strictly construed shall not apply to this code, any of its provisions, or any offense defined by the laws of this state. All provisions of this code and offenses defined by the laws of this…

76-1-107. Procedure -- Applicable provisions -- Military codes, enforcement of court orders, and liability for civil damages not affected. (1) Except as otherwise provided, the procedure governing the accusation, prosecution, conviction, and punishment of offenders and offenses i…

76-1-108. Severability clause. If any provision of this act, or the application of any provision to any person or circumstance, is held invalid, the remainder of this act shall not be affected thereby.

76-1-201. Jurisdiction of offenses. (1) A person is subject to prosecution in this state for an offense which the person commits, while either within or outside the state, by the person's own conduct or that of another for which the person is legally accountable, if: the offense …

76-1-202. Venue for a criminal action. (1) As used in this section, "body of water" includes any stream, river, lake, or reservoir, whether natural or man-made. (2) A criminal action shall be tried in the county, judicial district, or precinct in which the offense is alleged to h…

76-1-301. Offenses for which prosecution may be commenced at any time. (1) As used in this section: "Aggravating offense" means any offense incident to which a homicide was committed as described in Subsectionoror Subsection. 76-5-202(2)(a)(iv) (v) 76-5-202(2)(b) "Predicate offen…

76-1-301.1. Statute of limitations for unlawful sexual activity with a minor. The statute of limitations for a felony violation of Sectionoris 10 years from the time the victim reaches the age of 18.

76-1-301.5. Time limitations for prosecution of misusing public money, falsification or alteration of government records, and bribery. (1) A prosecution for misusing public money, falsification or alteration of government records, or for a bribery offense shall be commenced withi…

76-1-302. Time limitations for prosecution of offenses -- Specific exceptions -- Provisions if DNA evidence would identify the defendant -- Commencement of prosecution. (1) Except as otherwise provided by Subsectionor another provision of the Utah Code, a prosecution for: (2) a f…

76-1-303. Time limitations for fraud or breach of fiduciary obligation -- Misconduct of public officer or employee. (1) If the period prescribed in Sectionhas expired, a prosecution may be commenced for any offense a material element of which is either fraud or a breach of fiduci…

76-1-304. Defendant out of state -- Plea held invalid -- New prosecutions. (1) The period of limitation does not run against any defendant during any period of time in which the defendant is out of the state following the commission of an offense. (2) If the defendant has entered…

76-1-305. Lesser included offense for which period of limitations has run. Whenever a defendant is charged with an offense for which the period of limitations has not run and the defendant should be found guilty of a lesser offense for which the period of limitations has run, the…

76-1-306. Judge to determine. When an issue concerning the statute of limitations is raised, the judge shall determine by a preponderance of the evidence whether the prosecution is barred by the limitations in this part.

76-1-401. "Single criminal episode" defined -- Joinder of offenses and defendants. In this part unless the context requires a different definition, "single criminal episode" means all conduct which is closely related in time and is incident to an attempt or an accomplishment of a…

76-1-402. Separate offenses arising out of single criminal episode -- Included offenses. (1) A defendant may be prosecuted in a single criminal action for all separate offenses arising out of a single criminal episode. Notwithstanding Subsection, when the same act of a defendant …

76-1-403. Former prosecution barring subsequent prosecution for offense out of same episode. (1) If a defendant has been prosecuted for one or more offenses arising out of a single criminal episode, a subsequent prosecution for the same or a different offense arising out of the s…

76-1-404. Concurrent jurisdiction -- Prosecution in other jurisdiction barring prosecution in state. If a defendant's conduct establishes the commission of one or more offenses within the concurrent jurisdiction of this state and of another jurisdiction, federal or state, the pro…

76-1-405. Subsequent prosecution not barred -- Circumstances. (1) As used in this section: "Homicide offense" means an offense for: aggravated murder, as described in Section; 76-5-202 murder, as described in Section; 76-5-203 manslaughter, as described in Section; 76-5-205 negli…

76-1-501. Presumption of innocence -- "Element of the offense" defined. (1) A defendant in a criminal proceeding is presumed to be innocent until each element of the offense charged against him is proved beyond a reasonable doubt. In the absence of this proof, the defendant shall…

76-1-502. Negating defense by allegation or proof -- When not required. Sectiondoes not require negating a defense: (1) By allegation in an information, indictment, or other charge; or (2) By proof, unless: The defense is in issue in the case as a result of evidence presented at …

76-1-503. Presumption of fact. An evidentiary presumption established by this code or other penal statute has the following consequences: (1) When evidence of facts which support the presumption exist, the issue of the existence of the presumed fact must be submitted to the jury …

76-1-504. Affirmative defense presented by defendant. Evidence of an affirmative defense as defined by this code or other statutes shall be presented by the defendant.

76-2-101. Requirements of criminal conduct and criminal responsibility. (1) A person is not guilty of an offense unless the person's conduct is prohibited by law; and the person acts intentionally, knowingly, recklessly, with criminal negligence, or with a mental state otherwise …

76-2-102. Culpable mental state required -- Strict liability. Every offense not involving strict liability shall require a culpable mental state, and when the definition of the offense does not specify a culpable mental state and the offense does not involve strict liability, int…

76-2-103. Definitions. A person engages in conduct: (1) Intentionally, or with intent or willfully with respect to the nature of his conduct or to a result of his conduct, when it is his conscious objective or desire to engage in the conduct or cause the result. (2) Knowingly, or…

76-2-104. Culpable mental state -- Higher mental states included. (1) If acting with criminal negligence is sufficient to establish the culpable mental state for an element of an offense, that element is also established if a person acts intentionally, knowingly, or recklessly. (…

76-2-105. Transferred intent. Where intentionally causing a result is an element of an offense, that element is established even if a different person than the actor intended was killed, injured, or harmed, or different property than the actor intended was damaged or otherwise af…

76-2-106. Commission of offense with aid of unmanned aircraft system. (1) As used in this section: "Unmanned aircraft" means the same as that term is defined in Section. 72-10-102 "Unmanned aircraft system" means the same as that term is defined in Section. 72-10-102 (2) An actor…

76-2-107. Commission of offense with aid of generative artificial intelligence. (1) As used in this section, "generative artificial intelligence" means the same as that term is defined in Section. 13-77-101 (2) An actor may be found guilty of an offense if: the actor commits the …

76-2-201. Definitions. As used in this part: (1) "Agent" means any director, officer, employee, or other person authorized to act in behalf of a corporation or association. (2) "High managerial agent" means: a partner in a partnership; an officer of a corporation or association; …

76-2-202. Criminal responsibility for direct commission of offense or for conduct of another. Every person, acting with the mental state required for the commission of an offense who directly commits the offense, who solicits, requests, commands, encourages, or intentionally aids…

76-2-203. Defenses unavailable in prosecution based on conduct of another. In any prosecution in which an actor's criminal responsibility is based on the conduct of another, it is no defense: (1) That the actor belongs to a class of persons who by definition of the offense is leg…

76-2-204. Criminal responsibility of corporation or association. A corporation or association is guilty of an offense when: (1) The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on corporations or associat…

76-2-205. Criminal responsibility of person for conduct in name of corporation or association. A person is criminally liable for conduct constituting an offense which the person performs or causes to be performed in the name of or on behalf of a corporation or association to the …

76-2-301. Person under 14 years old not criminally responsible. A person is not criminally responsible for conduct performed before the person reaches 14 years old. This section shall in no way limit the jurisdiction of or proceedings before the juvenile courts of this state.

76-2-302. Compulsion. (1) A person is not guilty of an offense when the person engaged in the proscribed conduct because the person was coerced to do so by the use or threatened imminent use of unlawful physical force upon the person or a third person, which force or threatened f…

76-2-303. Entrapment. (1) It is a defense that the actor was entrapped into committing the offense. Entrapment occurs when a peace officer or a person directed by or acting in cooperation with the officer induces the commission of an offense in order to obtain evidence of the com…

76-2-304. Ignorance or mistake of fact or law. (1) Unless otherwise provided, ignorance or mistake of fact which disproves the culpable mental state is a defense to any prosecution for that crime. (2) Ignorance or mistake concerning the existence or meaning of a penal law is no d…

76-2-304.5. Mistake as to victim's age not a defense. (1) It is not a defense to the following offenses that the actor mistakenly believed the victim to be 14 years old or older at the time of the alleged offense or was unaware of the victim's true age: child kidnapping, Section;…

76-2-305. Mental condition -- Use as a defense -- Influence of alcohol or other substance voluntarily consumed. (1) As used in this section: "Mental condition" means a mental illness or a mental disability that substantially impairs an individual's mental, emotional, or behaviora…

76-2-306. Voluntary intoxication. (1) Voluntary intoxication is not a defense to a criminal charge unless such intoxication negates the existence of the mental state which is an element of the offense. If recklessness or criminal negligence establishes an element of an offense an…

76-2-306. Voluntary intoxication. (1) Voluntary intoxication is not a defense to a criminal charge unless such intoxication negates the existence of the mental state which is an element of the offense. If recklessness or criminal negligence establishes an element of an offense an…

76-2-307. Voluntary termination of efforts prior to offense. It is an affirmative defense to a prosecution in which an actor's criminal responsibility arises from the actor's own conduct or from being a party to an offense under Sectionthat prior to the commission of the offense,…

76-2-308. Affirmative defenses. Defenses enumerated in this part constitute affirmative defenses.