§ 39-11-601. Justification a Defense
It is a defense to prosecution that the conduct of the person is justified under this part.
§ 39-11-602. Justification Definitions
As used in this part, unless the context otherwise requires: “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; “Deadly force” means force that is intended or known by the defendant to cause or, in the manner […]
§ 39-11-201. Burden of Proof
No person may be convicted of an offense unless each of the following is proven beyond a reasonable doubt: The conduct, circumstances surrounding the conduct, or a result of the conduct described in the definition of the offense; The culpable mental state required; The negation of any defense to an offense defined in this title […]
§ 39-11-202. Exception
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. Unless the statute defining an offense states to the contrary, the state need not negate the existence of an exception in the charge alleging commission of the […]
§ 39-11-203. Defense
A defense to prosecution for an offense in this title is so labeled by the phrase: “It is a defense to prosecution under … that …” The state is not required to negate the existence of a defense in the charge alleging commission of the offense. The issue of the existence of a defense is […]
§ 39-11-204. Affirmative Defense
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. The state is not required to negate the existence of an affirmative defense in the charge alleging […]
§ 39-11-301. Requirement of Culpable Mental State
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. When the law provides that criminal negligence suffices to establish an element of an offense, that element is also established if a person acts intentionally, knowingly […]
§ 39-11-302. Definitions of Culpable Mental State
“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. “Knowing” refers to a person who acts knowingly with respect to the conduct or […]
§ 39-11-401. Parties to Offenses
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. Each party to an offense may be charged with commission of the offense.
§ 39-11-402. Criminal Responsibility for Conduct of Another
A person is criminally responsible for an offense committed by the conduct of another, if: 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; Acting with intent to promote or assist the commission of the […]