Section 404 – Concurrent jurisdiction — Prosecution in other jurisdiction barring prosecution in state.
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 prosecution in the other jurisdiction is a bar to a subsequent prosecution in this state if: […]
Section 405 – Subsequent prosecution not barred — Circumstances.
76-1-405. Subsequent prosecution not barred — Circumstances. A subsequent prosecution for an offense shall not be barred under the following circumstances: (1) The former prosecution was procured by the defendant without the knowledge of the prosecuting attorney bringing the subsequent prosecution and with intent to avoid the sentence that might otherwise be imposed; or (2) […]
Section 501 – Presumption of innocence — “Element of the offense” defined.
Effective 5/13/2014 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 be acquitted. (2) As used in this […]
Section 502 – Negating defense by allegation or proof — When not required.
76-1-502. Negating defense by allegation or proof — When not required. Section 76-1-501 does not require negating a defense: (1) By allegation in an information, indictment, or other charge; or (2) By proof, unless: (a) The defense is in issue in the case as a result of evidence presented at trial, either by the prosecution […]
Section 503 – Presumption of fact.
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 unless the court is satisfied that the evidence as a whole […]
Section 504 – Affirmative defense presented by defendant.
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. Enacted by Chapter 196, 1973 General Session
Section 305 – Lesser included offense for which period of limitations has run.
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 finding of the lesser and included offense […]
Section 306 – Judge to determine.
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. Enacted by Chapter 121, 1998 General Session
Section 401 – “Single criminal episode” defined — Joinder of offenses and defendants.
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 single criminal objective. Nothing in this part shall be construed to […]
Section 402 – Separate offenses arising out of single criminal episode — Included offenses.
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; however, when the same act of a defendant under a single criminal episode shall establish offenses which may be punished in […]