reglab/housing_qa huggingface dataset:
UT Code § 76-2-304.5 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 2 - Principles of Criminal Responsibility|Part 3 - Defenses to Criminal Responsibility|Section 304.5 - Mistake as to victim's age not a defense.

 Effective 5/10/2016  76-2-304.5. Mistake as to victim's age not a defense.    (1) It is not a defense to the crime of child kidnapping, a violation of Section 76-5-301.1; rape of a child, a violation of Section 76-5-402.1; object rape of a child, a violation of Section 76-5-402.3; sodomy on a child, a violation of Section 76-5-403.1; sexual abuse of a child, a violation of Section 76-5-404.1; aggravated sexual abuse of a child, a violation of Subsection 76-5-404.1(4); or an attempt to commit any of these offenses, that the actor mistakenly believed the victim to be 14 years of age or older at the time of the alleged offense or was unaware of the victim's true age.     (2) It is not a defense to the crime of unlawful sexual activity with a minor, a violation of Section 76-5-401; sexual abuse of a minor, a violation of Section 76-5-401.1; or an attempt to commit either of these offenses, that the actor mistakenly believed the victim to be 16 years of age or older at the time of the alleged offense or was unaware of the victim's true age.     (3) It is not a defense to the crime of aggravated human trafficking or aggravated human smuggling, a violation of Section 76-5-310, or human trafficking of a child, a violation of Section 76-5-308.5, that the actor mistakenly believed the victim to be 18 years of age or older at the time of the alleged offense or was unaware of the victim's true age.     (4) It is not a defense to the crime of unlawful sexual activity with a minor, a violation of Subsection 76-5-401.2(2)(a)(ii), that the actor mistakenly believed the victim to be 18 years of age or older at the time of the alleged offense or was unaware of the victim's true age.     (5) It is not a defense to any of the following crimes that the actor mistakenly believed the victim to be 18 years of age or older at the time of the alleged offense or was unaware of the victim's true age:   (a) patronizing a prostitute, a violation of Section 76-10-1303;     (b) aggravated exploitation of a prostitute, a violation of Section 76-10-1306; or     (c) sexual solicitation, a violation of Section 76-10-1313.      Amended by Chapter 194, 2016 General Session
UT Code § 76-2-305 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 2 - Principles of Criminal Responsibility|Part 3 - Defenses to Criminal Responsibility|Section 305 - Mental illness -- Use as a defense -- Influence of alcohol or other substance voluntarily consumed -- Definition.

 Effective 5/10/2016  76-2-305. Mental illness -- Use as a defense -- Influence of alcohol or other substance voluntarily consumed -- Definition.    (1)   (a) It is a defense to a prosecution under any statute or ordinance that the defendant, as a result of mental illness, lacked the mental state required as an element of the offense charged.     (b) Mental illness is not otherwise a defense, but may be evidence in mitigation of the penalty in a capital felony under Section 76-3-207 and may be evidence of special mitigation reducing the level of a criminal homicide or attempted criminal homicide offense under Section 76-5-205.5.       (2) The defense defined in this section includes the defenses known as "insanity" and "diminished mental capacity."     (3) A person who asserts a defense of insanity or diminished mental capacity, and who is under the influence of voluntarily consumed, injected, or ingested alcohol, controlled substances, or volatile substances at the time of the alleged offense is not excused from criminal responsibility on the basis of mental illness if the alcohol or substance caused, triggered, or substantially contributed to the mental illness.     (4) As used in this section:   (a) "Intellectual disability" means a significant subaverage general intellectual functioning, existing concurrently with deficits in adaptive behavior, and manifested prior to age 22.     (b)   (i) "Mental illness" means a mental disease or defect that substantially impairs a person's mental, emotional, or behavioral functioning. A mental defect may be a congenital condition, the result of injury, or a residual effect of a physical or mental disease and includes, but is not limited to, intellectual disability.     (ii) "Mental illness" does not mean an abnormality manifested primarily by repeated criminal conduct.        Amended by Chapter 115, 2016 General Session
UT Code § 76-2-306 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 2 - Principles of Criminal Responsibility|Part 3 - Defenses to Criminal Responsibility|Section 306 - Voluntary intoxication.

 Effective 5/9/2017  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 and the actor is unaware of the risk because of voluntary intoxication, his unawareness is immaterial in a prosecution for that offense.     (2) Voluntary intoxication is not a defense to sexual offenses, as defined in Title 76, Chapter 5, Part 4, Sexual Offenses.    Amended by Chapter 322, 2017 General Session
UT Code § 76-2-307 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 2 - Principles of Criminal Responsibility|Part 3 - Defenses to Criminal Responsibility|Section 307 - Voluntary termination of efforts prior to offense.

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 his own conduct or from being a party to an offense under Section 76-2-202 that prior to the commission of the offense, the actor voluntarily terminated his effort to promote or facilitate its commission and either:  (1) Gave timely warning to the proper law enforcement authorities or the intended victim; or     (2) Wholly deprives his prior efforts of effectiveness in the commission.    Amended by Chapter 20, 1995 General Session
UT Code § 76-2-308 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 2 - Principles of Criminal Responsibility|Part 3 - Defenses to Criminal Responsibility|Section 308 - Affirmative defenses.

76-2-308. Affirmative defenses.  Defenses enumerated in this part constitute affirmative defenses.  Enacted by Chapter 196, 1973 General Session
UT Code § 76-2-309 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 2 - Principles of Criminal Responsibility|Part 3 - Defenses to Criminal Responsibility|Section 309 - Justified use of force.

 Effective 5/5/2021  76-2-309. Justified use of force.    (1) An individual who uses or threatens to use force as permitted in Section 76-2-402, 76-2-404, 76-2-405, 76-2-406, 76-2-407, or 76-2-408 is justified in that conduct.     (2) The pretrial justification hearing process described in Subsections (3)(a) and (b) does not apply if:   (a)   (i) the individual against whom force was used or threatened is a law enforcement officer, as defined in Section 53-13-103;     (ii) the officer was acting lawfully in the performance of the officer's official duties; and     (iii)   (A) the officer was identified as an officer by the officer in accordance with applicable law; or     (B) the individual using or threatening to use force knew or reasonably should have known that the officer was a law enforcement officer; or         (b) the charge filed against the defendant for which the defendant seeks a pretrial justification hearing is an infraction, a class B or C misdemeanor, or a domestic violence offense as defined in Section 77-36-1.       (3)   (a) Upon motion of the defendant filed in accordance with Rule 12 of the Utah Rules of Criminal Procedure, the court shall hear evidence on the issue of justification under this section and shall determine as a matter of fact and law whether the defendant was justified in the use or threatened use of force.     (b) At the pretrial justification hearing, after the defendant makes a prima facie claim of justification, the state has the burden to prove by clear and convincing evidence that the defendant's use or threatened use of force was not justified.     (c)   (i) If the court determines that the state has not met the state's burden described in Subsection (3)(b), the court shall dismiss the charge with prejudice.     (ii) The state may appeal a court's order dismissing a charge under Subsection (3)(c)(i) in accordance with Section 77-18a-1.     (iii) If a court determines after the pretrial justification hearing that the state has met the state's burden described in Subsection (3)(b), the issue of justification may be raised by the defendant to the jury at trial and, if raised by the defendant, the state shall have the burden to prove beyond a reasonable doubt that the defendant's use or threatened use of force was not justified.     (iv) At trial, a court's determination that the state met the state's burden under Subsection (3)(c)(iii) is not admissible and may not be referenced by the prosecution.        Enacted by Chapter 147, 2021 General Session
UT Code § 76-2-401 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 2 - Principles of Criminal Responsibility|Part 4 - Justification Excluding Criminal Responsibility|Section 401 - Justification as defense -- When allowed.

76-2-401. Justification as defense -- When allowed.    (1) Conduct which is justified is a defense to prosecution for any offense based on the conduct. The defense of justification may be claimed:   (a) when the actor's conduct is in defense of persons or property under the circumstances described in Sections 76-2-402 through 76-2-406 of this part;     (b) when the actor's conduct is reasonable and in fulfillment of his duties as a governmental officer or employee;     (c) when the actor's conduct is reasonable discipline of minors by parents, guardians, teachers, or other persons in loco parentis, as limited by Subsection (2);     (d) when the actor's conduct is reasonable discipline of persons in custody under the laws of the state; or     (e) when the actor's conduct is justified for any other reason under the laws of this state.       (2) The defense of justification under Subsection (1)(c) is not available if the offense charged involves causing serious bodily injury, as defined in Section 76-1-601, serious physical injury, as defined in Section 76-5-109, or the death of the minor.    Amended by Chapter 126, 2000 General Session
UT Code § 76-2-403 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 2 - Principles of Criminal Responsibility|Part 4 - Justification Excluding Criminal Responsibility|Section 403 - Force in arrest.

76-2-403. Force in arrest.  Any person is justified in using any force, except deadly force, which he reasonably believes to be necessary to effect an arrest or to defend himself or another from bodily harm while making an arrest.  Enacted by Chapter 196, 1973 General Session
UT Code § 76-2-404 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 2 - Principles of Criminal Responsibility|Part 4 - Justification Excluding Criminal Responsibility|Section 404 - Law enforcement officer use of deadly force.

 Effective 7/1/2021  76-2-404. Law enforcement officer use of deadly force.    (1) As used in this section:   (a) "Deadly force" means force that creates or is likely to create, or that the individual using the force intends to create, a substantial likelihood of death or serious bodily injury to an individual.     (b) "Officer" means an officer described in Section 53-13-102.     (c) "Serious bodily injury" means the same as that term is defined in Section 76-1-601.       (2) The defense of justification applies to the use of deadly force by an officer, or an individual acting by the officer's command in providing aid and assistance, when:   (a) the officer is acting in obedience to and in accordance with the judgment of a competent court in executing a penalty of death under Subsection 77-18-113(2), (3), or (4);     (b) effecting an arrest or preventing an escape from custody following an arrest, if:   (i) the officer reasonably believes that deadly force is necessary to prevent the arrest from being defeated by escape; and     (ii)   (A) the officer has probable cause to believe that the suspect has committed a felony offense involving the infliction or threatened infliction of death or serious bodily injury; or     (B) the officer has probable cause to believe the suspect poses a threat of death or serious bodily injury to the officer or to an individual other than the suspect if apprehension is delayed; or         (c) the officer reasonably believes that the use of deadly force is necessary to prevent death or serious bodily injury to the officer or an individual other than the suspect.       (3) If feasible, a verbal warning should be given by the officer prior to any use of deadly force under Subsection (2)(b) or (2)(c).    Amended by Chapter 150, 2021 General SessionAmended by Chapter 260, 2021 General Session
UT Code § 76-2-405 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 2 - Principles of Criminal Responsibility|Part 4 - Justification Excluding Criminal Responsibility|Section 405 - Force in defense of habitation.

76-2-405. Force in defense of habitation.    (1) A person is justified in using force against another when and to the extent that he reasonably believes that the force is necessary to prevent or terminate the other's unlawful entry into or attack upon his habitation; however, he is justified in the use of force which is intended or likely to cause death or serious bodily injury only if:   (a) the entry is made or attempted in a violent and tumultuous manner, surreptitiously, or by stealth, and he reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person, dwelling, or being in the habitation and he reasonably believes that the force is necessary to prevent the assault or offer of personal violence; or     (b) he reasonably believes that the entry is made or attempted for the purpose of committing a felony in the habitation and that the force is necessary to prevent the commission of the felony.       (2) The person using force or deadly force in defense of habitation is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the entry or attempted entry is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony.    Amended by Chapter 252, 1985 General Session
UT Code § 76-2-406 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 2 - Principles of Criminal Responsibility|Part 4 - Justification Excluding Criminal Responsibility|Section 406 - Force in defense of property -- Affirmative defense.

76-2-406. Force in defense of property -- Affirmative defense.    (1) A person is justified in using force, other than deadly force, against another when and to the extent that the person reasonably believes that force is necessary to prevent or terminate another person's criminal interference with real property or personal property:   (a) lawfully in the person's possession;     (b) lawfully in the possession of a member of the person's immediate family; or     (c) belonging to a person whose property the person has a legal duty to protect.       (2) In determining reasonableness under Subsection (1), the trier of fact shall, in addition to any other factors, consider the following factors:   (a) the apparent or perceived extent of the damage to the property;     (b) property damage previously caused by the other person;     (c) threats of personal injury or damage to property that have been made previously by the other person; and     (d) any patterns of abuse or violence between the person and the other person.      Amended by Chapter 377, 2010 General Session
UT Code § 76-2-407 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 2 - Principles of Criminal Responsibility|Part 4 - Justification Excluding Criminal Responsibility|Section 407 - Deadly force in defense of persons on real property.

76-2-407. Deadly force in defense of persons on real property.    (1) A person is justified in using force intended or likely to cause death or serious bodily injury against another in his defense of persons on real property other than his habitation if:   (a) he is in lawful possession of the real property;     (b) he reasonably believes that the force is necessary to prevent or terminate the other person's trespass onto the real property;     (c) the trespass is made or attempted by use of force or in a violent and tumultuous manner; and     (d)   (i) the person reasonably believes that the trespass is attempted or made for the purpose of committing violence against any person on the real property and he reasonably believes that the force is necessary to prevent personal violence; or     (ii) the person reasonably believes that the trespass is made or attempted for the purpose of committing a forcible felony as defined in Section 76-2-402 that poses imminent peril of death or serious bodily injury to a person on the real property and that the force is necessary to prevent the commission of that forcible felony.         (2) The person using deadly force in defense of persons on real property under Subsection (1) is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the trespass or attempted trespass is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or for the purpose of committing a forcible felony.    Enacted by Chapter 273, 2002 General Session
UT Code § 76-2-409 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 2 - Principles of Criminal Responsibility|Part 4 - Justification Excluding Criminal Responsibility|Section 409 - Battered person mitigation.

 Effective 5/12/2020  76-2-409. Battered person mitigation.    (1) As used in this section:   (a) "Abuse" means the same as that term is defined in Section 78B-7-102.     (b) "Cohabitant" means:   (i) the same as that term is defined in Section 78B-7-102; or     (ii) the relationship of a minor and a natural parent, an adoptive parent, a stepparent, or an individual living with the minor's natural parent as if a stepparent to the minor.         (2)   (a) An individual is entitled to battered person mitigation if:   (i) the individual committed a criminal offense that was not legally justified;     (ii) 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     (iii) the individual reasonably believed that the criminal offense was necessary to end the pattern of abuse.       (b) A reasonable belief under Subsection (2)(a) is determined from the viewpoint of a reasonable person in the individual's circumstances, as the individual's circumstances are perceived by the individual.       (3) An individual claiming mitigation under Subsection (2)(a) has the burden of proving, by clear and convincing evidence, each element that would entitle the individual to mitigation under Subsection (2)(a).     (4) Mitigation under Subsection (2)(a) results in a one-step reduction of the level of offense of which the individual is convicted.     (5)   (a) If the trier of fact is a jury, an individual is not entitled to mitigation under Subsection (2)(a) unless the jury:   (i) finds the individual proved, in accordance with Subsection (3), that the individual is entitled to mitigation by unanimous vote; and     (ii) returns a special verdict for the reduced charge at the same time the jury returns the general verdict.       (b) A nonunanimous vote by the jury on the question of mitigation under Subsection (2)(a) does not result in a hung jury.       (6) An individual intending to claim mitigation under Subsection (2)(a) at the individual's trial shall give notice of the individual's intent to claim mitigation under Subsection (2)(a) to the prosecuting agency at least 30 days before the individual's trial.    Enacted by Chapter 411, 2020 General Session
UT Code § 76-3-101 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 3 - Punishments|Part 1 - Classification of Offenses|Section 101 - Sentencing in accordance with chapter.

76-3-101. Sentencing in accordance with chapter.    (1) A person adjudged guilty of an offense under this code shall be sentenced in accordance with the provisions of this chapter.     (2) Penal laws enacted after the effective date of this code shall be classified for sentencing purposes in accordance with this chapter.    Enacted by Chapter 196, 1973 General Session
UT Code § 76-3-102 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 3 - Punishments|Part 1 - Classification of Offenses|Section 102 - Designation of offenses.

76-3-102. Designation of offenses.  Offenses are designated as felonies, misdemeanors, or infractions.  Enacted by Chapter 196, 1973 General Session
UT Code § 76-3-103 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 3 - Punishments|Part 1 - Classification of Offenses|Section 103 - Felonies classified.

76-3-103. Felonies classified.    (1) Felonies are classified into four categories:   (a) Capital felonies;     (b) Felonies of the first degree;     (c) Felonies of the second degree;     (d) Felonies of the third degree.       (2) An offense designated as a felony either in this code or in another law, without specification as to punishment or category, is a felony of the third degree.    Enacted by Chapter 196, 1973 General Session
UT Code § 76-3-104 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 3 - Punishments|Part 1 - Classification of Offenses|Section 104 - Misdemeanors classified.

 Effective 5/8/2018  76-3-104. Misdemeanors classified.    (1) Misdemeanors are classified into three categories:   (a) Class A misdemeanors;     (b) Class B misdemeanors;     (c) Class C misdemeanors.       (2) An offense designated as a misdemeanor in this code without specification as to punishment or category is an infraction punishable in accordance with Section 76-3-205.     (3) Except as provided in Subsection (4), an offense designated as a misdemeanor in a county or municipal ordinance without specification as to punishment or category is a class B misdemeanor.     (4) After June 30, 2019, an offense designated as a misdemeanor in a county or municipal ordinance without specification as to punishment or category is an infraction punishable in accordance with Section 76-3-205.    Amended by Chapter 148, 2018 General Session
UT Code § 76-3-105 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 3 - Punishments|Part 1 - Classification of Offenses|Section 105 - Infractions.

76-3-105. Infractions.    (1) Infractions are not classified.     (2) Any offense which is an infraction within this code is expressly designated and any offense defined outside this code which is not designated as a felony or misdemeanor and for which no penalty is specified is an infraction.    Enacted by Chapter 196, 1973 General Session