reglab/statecodes huggingface dataset:
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 2 - Principles of Criminal Responsibility › Part 2 - Criminal Responsibility for Conduct of Another › Section 201 - Definitions.

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) A partner in a partnership;
(b) An officer of a corporation or association;
(c) An agent of a corporation or association who has duties of such responsibility that his conduct reasonably may be assumed to represent the policy of the corporation or association.
(3) "Corporation" means all organizations required by the laws of this state or any other state to obtain a certificate of authority, a certificate of incorporation, or other form of registration to transact business as a corporation within this state or any other state and shall include domestic, foreign, profit and nonprofit corporations, but shall not include a corporation sole, as such term is used in Title 16, Chapter 7, Corporations Sole. Lack of an appropriate certificate of authority, incorporation, or other form of registration shall be no defense when such organization conducted its business in a manner as to appear to have lawful corporate existence.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 2 - Principles of Criminal Responsibility › Part 2 - Criminal Responsibility for Conduct of Another › Section 202 - Criminal responsibility for direct commission of offense or for conduct of another.

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 another person to engage in conduct which constitutes an offense shall be criminally liable as a party for such conduct.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 2 - Principles of Criminal Responsibility › Part 2 - Criminal Responsibility for Conduct of Another › Section 203 - Defenses unavailable in prosecution based on conduct of another.

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 legally incapable of committing the offense in an individual capacity, or
(2) That the person for whose conduct the actor is criminally responsible has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or of a different type or class of offense or is immune from prosecution.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 2 - Principles of Criminal Responsibility › Part 2 - Criminal Responsibility for Conduct of Another › Section 204 - Criminal responsibility of corporation or association.

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 associations by law; or
(2) The conduct constituting the offense is authorized, solicited, requested, commanded, or undertaken, performed, or recklessly tolerated by the board of directors or by a high managerial agent acting within the scope of his employment and in behalf of the corporation or association.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 2 - Principles of Criminal Responsibility › Part 2 - Criminal Responsibility for Conduct of Another › Section 205 - Criminal responsibility of person for conduct in name of corporation or association.

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 he performs or causes to be performed in the name of or on behalf of a corporation or association to the same extent as if such conduct were performed in his own name or behalf.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 2 - Principles of Criminal Responsibility › Part 3 - Defenses to Criminal Responsibility › Section 301 - Person under 14 years old not criminally responsible.

76-2-301.
Person under 14 years old not criminally responsible.
A person is not criminally responsible for conduct performed before he reaches the age of 14 years. This section shall in no way limit the jurisdiction of or proceedings before the juvenile courts of this state.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 2 - Principles of Criminal Responsibility › Part 3 - Defenses to Criminal Responsibility › Section 302 - Compulsion.

76-2-302.
Compulsion.
(1) A person is not guilty of an offense when he engaged in the proscribed conduct because he was coerced to do so by the use or threatened imminent use of unlawful physical force upon him or a third person, which force or threatened force a person of reasonable firmness in his situation would not have resisted.
(2) The defense of compulsion provided by this section shall be unavailable to a person who intentionally, knowingly, or recklessly places himself in a situation in which it is probable that he will be subjected to duress.
(3) A married woman is not entitled, by reason of the presence of her husband, to any presumption of compulsion or to any defense of compulsion except as in Subsection (1) provided.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 2 - Principles of Criminal Responsibility › Part 3 - Defenses to Criminal Responsibility › Section 303 - Entrapment.

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 commission for prosecution by methods creating a substantial risk that the offense would be committed by one not otherwise ready to commit it. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.
(2) The defense of entrapment shall be unavailable when causing or threatening bodily injury is an element of the offense charged and the prosecution is based on conduct causing or threatening the injury to a person other than the person perpetrating the entrapment.
(3) The defense provided by this section is available even though the actor denies commission of the conduct charged to constitute the offense.
(4) Upon written motion of the defendant, the court shall hear evidence on the issue and shall determine as a matter of fact and law whether the defendant was entrapped to commit the offense. Defendant's motion shall be made at least 10 days before trial except the court for good cause shown may permit a later filing.
(5) Should the court determine that the defendant was entrapped, it shall dismiss the case with prejudice, but if the court determines the defendant was not entrapped, such issue may be presented by the defendant to the jury at trial. Any order by the court dismissing a case based on entrapment shall be appealable by the state.
(6) In any hearing before a judge or jury where the defense of entrapment is an issue, past offenses of the defendant shall not be admitted except that in a trial where the defendant testifies he may be asked of his past convictions for felonies and any testimony given by the defendant at a hearing on entrapment may be used to impeach his testimony at trial.
Amended by Chapter 282, 1998 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 2 - Principles of Criminal Responsibility › Part 3 - Defenses to Criminal Responsibility › Section 304 - Ignorance or mistake of fact or law.

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 defense to a crime unless:
(a) Due to his ignorance or mistake, the actor reasonably believed his conduct did not constitute an offense, and
(b) His ignorance or mistake resulted from the actor's reasonable reliance upon:
(i) An official statement of the law contained in a written order or grant of permission by an administrative agency charged by law with responsibility for interpreting the law in question; or
(ii) A written interpretation of the law contained in an opinion of a court of record or made by a public servant charged by law with responsibility for interpreting the law in question.
(3) Although an actor's ignorance or mistake of fact or law may constitute a defense to the offense charged, he may nevertheless be convicted of a lesser included offense of which he would be guilty if the fact or law were as he believed.
Amended by Chapter 32, 1974 General Session
2023 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 5/4/2022
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 Section 76-5-404.3; or an attempt to commit any of these 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.
(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 old 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, a violation of Section 76-5-310, aggravated human smuggling, a violation of Section 76-5-310.1, 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 old 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 old 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 old 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 181, 2022 General Session
2023 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 5/3/2023
76-2-305.
Mental condition -- Use as a defense -- Influence of alcohol or other substance voluntarily consumed.
(1) As used in this section:
(a)
(i) "Mental condition" means a mental illness or a mental disability that substantially impairs an individual's mental, emotional, or behavioral functioning.
(ii) "Mental condition" does not include a mental abnormality that is manifested solely by repeated criminal conduct, anti-social behavior, or a substance use disorder.
(b) "Mental disability" means an intellectual disability or a neurodevelopmental disorder as those terms are defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.
(c) "Mental illness" means the following mental disorders as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association:
(i) schizophrenia spectrum and other psychotic disorders; or
(ii) other serious mental health conditions with psychotic features.
(2)
(a) It is a defense to a prosecution under any statute or ordinance that the defendant, as a result of a mental condition, lacked the mental state required as an element of the offense charged.
(b) A mental condition 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.
(3) The defense defined in this section includes the defenses known as "insanity" and "diminished mental capacity."
(4) 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 a mental condition if the alcohol or substance caused, triggered, or substantially contributed to the mental condition.
Amended by Chapter 184, 2023 General Session
2023 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
2023 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
2023 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
2023 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.

Effective 5/4/2022
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 76-1-101.5, serious physical injury, as defined in Section 76-5-109, or the death of the minor.
Amended by Chapter 181, 2022 General Session
2023 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
2023 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 5/4/2022
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 76-1-101.5.
(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 181, 2022 General Session
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 2 - Sentencing › Section 203 - Felony conviction -- Indeterminate term of imprisonment.

76-3-203.
Felony conviction -- Indeterminate term of imprisonment.
A person who has been convicted of a felony may be sentenced to imprisonment for an indeterminate term as follows:
(1) In the case of a felony of the first degree, unless the statute provides otherwise, for a term of not less than five years and which may be for life.
(2) In the case of a felony of the second degree, unless the statute provides otherwise, for a term of not less than one year nor more than 15 years.
(3) In the case of a felony of the third degree, unless the statute provides otherwise, for a term not to exceed five years.
Amended by Chapter 148, 2003 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 2 - Sentencing › Section 203.3 - Penalty for hate crimes -- Civil rights violation.

Effective 5/3/2023
76-3-203.3.
Penalty for hate crimes -- Civil rights violation.
As used in this section:
(1) "Primary offense" means those offenses provided in Subsection (4).
(2)
(a) A person who commits any primary offense with the intent to intimidate or terrorize another person or with reason to believe that his action would intimidate or terrorize that person is subject to Subsection (2)(b).
(b)
(i) A class C misdemeanor primary offense is a class B misdemeanor; and
(ii) a class B misdemeanor primary offense is a class A misdemeanor.
(3) "Intimidate or terrorize" means an act which causes the person to fear for his physical safety or damages the property of that person or another. The act must be accompanied with the intent to cause or has the effect of causing a person to reasonably fear to freely exercise or enjoy any right secured by the Constitution or laws of the state or by the Constitution or laws of the United States.
(4) Primary offenses referred to in Subsection (1) are the misdemeanor offenses for:
(a) assault and related offenses under Sections 76-5-102, 76-5-102.4, 76-5-106, 76-5-107, and 76-5-108;
(b) any misdemeanor property destruction offense under Sections 76-6-102 and 76-6-104, and Subsection 76-6-106(2)(a);
(c) any criminal trespass offense under Sections 76-6-204 and 76-6-206;
(d) any misdemeanor theft offense under Section 76-6-412;
(e) any offense of obstructing government operations under Sections 76-8-301, 76-8-302, 76-8-305, 76-8-306, 76-8-307, 76-8-308, and 76-8-313;
(f) any offense of interfering or intending to interfere with activities of colleges and universities under Title 76, Chapter 8, Part 7, Colleges and Universities;
(g) any misdemeanor offense against public order and decency as defined in Title 76, Chapter 9, Part 1, Breaches of the Peace and Related Offenses;
(h) any telephone abuse offense under Title 76, Chapter 9, Part 2, Electronic Communication and Telephone Abuse;
(i) any cruelty to animals offense under Section 76-9-301;
(j) any weapons offense under Section 76-10-506; or
(k) a violation of Section 76-9-102, if the violation occurs at an official meeting.
(5) This section does not affect or limit any individual's constitutional right to the lawful expression of free speech or other recognized rights secured by the Constitution or laws of the state or by the Constitution or laws of the United States.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 2 - Sentencing › Section 203.4 - Hate crimes -- Aggravating factors.

76-3-203.4.
Hate crimes -- Aggravating factors.
(1) The sentencing judge or the Board of Pardons and Parole shall consider in their deliberations as an aggravating factor the public harm resulting from the commission of the offense, including the degree to which the offense is likely to incite community unrest or cause members of the community to reasonably fear for their physical safety or to freely exercise or enjoy any right secured by the Constitution or laws of the state or by the Constitution or laws of the United States.
(2) The sentencing judge or the Board of Pardons and Parole shall also consider whether the penalty for the offense is already increased by other existing provisions of law.
(3) This section does not affect or limit any individual's constitutional right to the lawful expression of free speech or other recognized rights secured by the Constitution or laws of the state or by the Constitution or laws of the United States.
Enacted by Chapter 184, 2006 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 2 - Sentencing › Section 203.6 - Enhanced penalty for certain offenses committed by prisoner.

Effective 5/4/2022
76-3-203.6.
Enhanced penalty for certain offenses committed by prisoner.
(1) As used in this section, "serving a sentence" means a prisoner is sentenced and committed to the custody of the Department of Corrections, the sentence has not been terminated or voided, and the prisoner:
(a) has not been paroled; or
(b) is in custody after arrest for a parole violation.
(2) If the trier of fact finds beyond a reasonable doubt that a prisoner serving a sentence for a capital felony or a first degree felony commits any offense listed in Subsection (5), the offense is a first degree felony and the court shall sentence the defendant to life in prison without parole.
(3) Notwithstanding Subsection (2), the court may sentence the defendant to an indeterminate prison term of not less than 20 years and that may be for life if the court finds that the interests of justice would best be served and states the specific circumstances justifying the disposition on the record.
(4) Subsection (2) does not apply if the prisoner is younger than 18 years old at the time the offense listed in Subsection (5) is committed and is sentenced on or after May 10, 2016.
(5) Offenses referred to in Subsection (2) are:
(a) aggravated assault by a prisoner, Section 76-5-103.5;
(b) mayhem, Section 76-5-105;
(c) attempted murder, Section 76-5-203;
(d) kidnapping, Section 76-5-301;
(e) child kidnapping, Section 76-5-301.1;
(f) aggravated kidnapping, Section 76-5-302;
(g) rape, Section 76-5-402;
(h) rape of a child, Section 76-5-402.1;
(i) object rape, Section 76-5-402.2;
(j) object rape of a child, Section 76-5-402.3;
(k) forcible sodomy, Section 76-5-403;
(l) sodomy on a child, Section 76-5-403.1;
(m) aggravated sexual abuse of a child, Section 76-5-404.3;
(n) aggravated sexual assault, Section 76-5-405;
(o) aggravated arson, Section 76-6-103;
(p) aggravated burglary, Section 76-6-203; and
(q) aggravated robbery, Section 76-6-302.
(6) The sentencing enhancement described in this section does not apply if:
(a) the offense for which the person is being sentenced is:
(i) a grievous sexual offense;
(ii) child kidnapping, Section 76-5-301.1; or
(iii) aggravated kidnapping, Section 76-5-302; and
(b) applying the sentencing enhancement provided for in this section would result in a lower maximum penalty than the penalty provided for under the section that describes the offense for which the person is being sentenced.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 2 - Sentencing › Section 203.7 - Increase of sentence for violent felony if body armor used.

Effective 5/4/2022
76-3-203.7.
Increase of sentence for violent felony if body armor used.
(1) As used in this section:
(a) "Body armor" means any material designed or intended to provide bullet penetration resistance or protection from bodily injury caused by a dangerous weapon.
(b) "Dangerous weapon" means the same as that term is defined in Section 76-1-101.5.
(c) "Violent felony" means the same as that term is defined in Section 76-3-203.5.
(2) A person convicted of a violent felony may be sentenced to imprisonment for an indeterminate term, as provided in Section 76-3-203, but if the trier of fact finds beyond a reasonable doubt that the defendant used, carried, or possessed a dangerous weapon and also used or wore body armor, with the intent to facilitate the commission of the violent felony, and the violent felony is:
(a) a first degree felony, the court shall sentence the person convicted for a term of not less than six years, and which may be for life;
(b) a second degree felony, the court shall sentence the person convicted for a term of not less than two years nor more than 15 years, and the court may sentence the person convicted for a term of not less than two years nor more than 20 years; and
(c) a third degree felony, the court shall sentence the person convicted for a term of not less than one year nor more than five years, and the court may sentence the person convicted for a term of not less than one year nor more than 10 years.
(3) The sentencing enhancement described in this section does not apply if:
(a) the offense for which the person is being sentenced is:
(i) a grievous sexual offense;
(ii) child kidnapping, Section 76-5-301.1;
(iii) aggravated kidnapping, Section 76-5-302; or
(iv) forcible sexual abuse, Section 76-5-404; and
(b) applying the sentencing enhancement provided for in this section would result in a lower maximum penalty than the penalty provided for under the section that describes the offense for which the person is being sentenced.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 2 - Sentencing › Section 203.8 - Increase of sentence if dangerous weapon used.

Effective 5/4/2022
76-3-203.8.
Increase of sentence if dangerous weapon used.
(1) As used in this section, "dangerous weapon" means the same as that term is defined in Section 76-1-101.5.
(2) If the trier of fact finds beyond a reasonable doubt that a dangerous weapon was used in the commission or furtherance of a felony, the court:
(a)
(i) shall increase by one year the minimum term of the sentence applicable by law; and
(ii) if the minimum term applicable by law is zero, shall set the minimum term as one year; and
(b) may increase by five years the maximum sentence applicable by law in the case of a felony of the second or third degree.
(3) A defendant who is a party to a felony offense shall be sentenced to the increases in punishment provided in Subsection (2) if the trier of fact finds beyond a reasonable doubt that:
(a) a dangerous weapon was used in the commission or furtherance of the felony; and
(b) the defendant knew that the dangerous weapon was present.
(4) If the trier of fact finds beyond a reasonable doubt that a person has been sentenced to a term of imprisonment for a felony in which a dangerous weapon was used in the commission of or furtherance of the felony and that person is subsequently convicted of another felony in which a dangerous weapon was used in the commission of or furtherance of the felony, the court shall, in addition to any other sentence imposed including those in Subsection (2), impose an indeterminate prison term to be not less than five nor more than 10 years to run consecutively and not concurrently.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 2 - Sentencing › Section 203.9 - Violent offense committed in presence of a child -- Aggravating factor.

76-3-203.9.
Violent offense committed in presence of a child -- Aggravating factor.
(1) As used in this section:
(a) "In the presence of a child" means:
(i) in the physical presence of a child younger than 14 years of age; or
(ii) having knowledge that a child younger than 14 years of age is present and may see or hear a violent criminal offense.
(b) "Violent criminal offense" means any criminal offense involving violence or physical harm or threat of violence or physical harm, or any attempt to commit a criminal offense involving violence or physical harm.
(2) The sentencing judge or the Board of Pardons and Parole shall consider as an aggravating factor in their deliberations that the defendant committed the violent criminal offense in the presence of a child.
(3) The sentencing judge or the Board of Pardons and Parole shall also consider whether the penalty for the offense is already increased by other existing provisions of law.
(4) This section does not affect or limit any individual's constitutional right to the lawful expression of free speech or other recognized rights secured by the Constitution or laws of Utah or by the Constitution or laws of the United States.
(5) This section does not affect or restrict the exercise of judicial discretion under any other provision of Utah law.
Enacted by Chapter 347, 2007 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 2 - Sentencing › Section 203.10 - Violent offense committed in presence of a child -- Penalties.

Effective 5/4/2022
76-3-203.10.
Violent offense committed in presence of a child -- Penalties.
(1) As used in this section:
(a) "In the presence of a child" means:
(i) in the physical presence of a child younger than 14 years old; and
(ii) having knowledge that the child is present and may see or hear the commission of a violent criminal offense.
(b) "Violent criminal offense" means any criminal offense involving violence or physical harm or threat of violence or physical harm, or any attempt to commit a criminal offense involving violence or physical harm that is not a domestic violence offense as defined in Section 77-36-1.
(2) A person commits a violent criminal offense in the presence of a child if the person:
(a) commits or attempts to commit criminal homicide, as defined in Section 76-5-201, against a third party in the presence of a child;
(b) intentionally causes or attempts to cause serious bodily injury to a third party or uses a dangerous weapon, as defined in Section 76-1-101.5, or other means or force likely to produce death or serious bodily injury, against a third party in the presence of a child; or
(c) under circumstances not amounting to a violation of Subsection (2)(a) or (b), commits a violent criminal offense in the presence of a child.
(3) A person who violates Subsection (2) is guilty of a class B misdemeanor.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 2 - Sentencing › Section 203.11 - Reporting an overdose -- Mitigating factor.

Effective 5/3/2023
Superseded 7/1/2024
76-3-203.11.
Reporting an overdose -- Mitigating factor.
It is a mitigating factor in sentencing for an offense under Title 58, Chapter 37, Utah Controlled Substances Act, that the person or bystander:
(1) reasonably believes that the person or another person is experiencing an overdose event due to the ingestion, injection, inhalation, or other introduction into the human body of a controlled substance or other substance;
(2) reports, or assists a person who reports, in good faith the overdose event to a medical provider, an emergency medical service provider as defined in Section 26B-4-101, a law enforcement officer, a 911 emergency call system, or an emergency dispatch system, or the person is the subject of a report made under this section;
(3) provides in the report under Subsection (2) a functional description of the location of the actual overdose event that facilitates responding to the person experiencing the overdose event;
(4) remains at the location of the person experiencing the overdose event until a responding law enforcement officer or emergency medical service provider arrives, or remains at the medical care facility where the person experiencing an overdose event is located until a responding law enforcement officer arrives;
(5) cooperates with the responding medical provider, emergency medical service provider, and law enforcement officer, including providing information regarding the person experiencing the overdose event and any substances the person may have injected, inhaled, or otherwise introduced into the person's body; and
(6) committed the offense in the same course of events from which the reported overdose arose.
Amended by Chapter 330, 2023 General Session