Section 402 – Force in defense of person — Forcible felony defined.
Effective 5/4/2022 76-2-402. Force in defense of person — Forcible felony defined. (1) As used in this section: (a) “Forcible felony” means aggravated assault, mayhem, aggravated murder, murder, manslaughter, kidnapping and aggravated kidnapping, rape, forcible sodomy, rape of a child, object rape, object rape of a child, sexual abuse of a child, aggravated sexual abuse […]
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
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 […]
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 […]
Section 305 – Mental illness — Use as a defense — Influence of alcohol or other substance voluntarily consumed — Definition.
Effective 5/10/2016 76-2-305. Mental illness — Use as a defense — Influence of alcohol or other substance voluntarily consumed — Definition. (1) (a) It is a defense to a prosecution under any statute or ordinance that the defendant, as a result of mental illness, lacked the mental state required as an element of the offense […]
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 […]
Section 105 – Transferred intent.
76-2-105. Transferred intent. Where intentionally causing a result is an element of an offense, that element is established even if a different person than the actor intended was killed, injured, or harmed, or different property than the actor intended was damaged or otherwise affected. Enacted by Chapter 199, 2004 General Session
Section 106 – Commission of offense with aid of unmanned aircraft system.
Effective 5/4/2022 76-2-106. Commission of offense with aid of unmanned aircraft system. (1) As used in this section: (a) “Unmanned aircraft” means the same as that term is defined in Section 72-14-102. (b) “Unmanned aircraft system” means the same as that term is defined in Section 72-14-102. (2) An actor may be found guilty of […]
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 […]
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 […]