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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 […]

Section 103 – Application of code — Offense prior to effective date.

76-1-103. Application of code — Offense prior to effective date. (1) The provisions of this code shall govern the construction of, the punishment for, and defenses against any offense defined in this code or, except where otherwise specifically provided or the context otherwise requires, any offense defined outside this code; provided such offense was committed […]

Section 104 – Purposes and principles of construction.

76-1-104. Purposes and principles of construction. The provisions of this code shall be construed in accordance with these general purposes. (1) Forbid and prevent the commission of offenses. (2) Define adequately the conduct and mental state which constitute each offense and safeguard conduct that is without fault from condemnation as criminal. (3) Prescribe penalties which […]

Section 105 – Common law crimes abolished.

76-1-105. Common law crimes abolished. Common law crimes are abolished and no conduct is a crime unless made so by this code, other applicable statute or ordinance. Amended by Chapter 32, 1974 General Session

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