Section 106 – Strict construction rule not applicable.
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 state shall be construed according […]
Section 107 – Procedure — Applicable provisions — Military codes, enforcement of court orders, and liability for civil damages not affected.
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 is not regulated by this act but by the code of criminal procedure. (2) This code does not […]
Section 108 – Separability clause.
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. Enacted by Chapter 196, 1973 General Session
Section 201 – Jurisdiction of offenses.
Effective 5/9/2017 76-1-201. Jurisdiction of offenses. (1) A person is subject to prosecution in this state for an offense which he commits, while either within or outside the state, by his own conduct or that of another for which he is legally accountable, if: (a) the offense is committed either wholly or partly within the […]
Section 202 – Venue of actions.
Effective 5/9/2017 76-1-202. Venue of actions. (1) Criminal actions shall be tried in the county, district, or precinct where the offense is alleged to have been committed. In determining the proper place of trial, the following provisions shall apply: (a) If the commission of an offense commenced outside the state is consummated within this state, […]
Section 301 – Offenses for which prosecution may be commenced at any time.
Effective 5/4/2022 76-1-301. Offenses for which prosecution may be commenced at any time. (1) As used in this section: (a) “Aggravating offense” means any offense incident to which a homicide was committed as described in Subsection 76-5-202(2)(a)(iv) or (v) or Subsection 76-5-202(2)(b). (b) “Predicate offense” means an offense described in Subsection 76-5-203(1)(a) if a person […]
Section 101.5 – Definitions.
Effective 5/4/2022 76-1-101.5. Definitions. Unless otherwise provided, as used in this title: (1) “Act” means a voluntary bodily movement and includes speech. (2) “Actor” means a person whose criminal responsibility is in issue in a criminal action. (3) “Affinity” means a relationship by marriage. (4) “Bodily injury” means physical pain, illness, or any impairment of […]
Section 101.6 – Application of definitions to title.
Effective 5/4/2022 76-1-101.6. Application of definitions to title. (1) For formatting purposes, sections in this title that contain a criminal offense include an express provision that states that the title definitions in Section 76-1-101.5 apply to that section. (2) Although a provision described in Subsection (1) is not included in non-offense sections in Title 76 […]