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 […]
Section 204 – Criminal responsibility of corporation or association.
76-2-204. Criminal responsibility of corporation or association. A corporation or association is guilty of an offense when: (1) The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on corporations or associations by law; or (2) The conduct constituting the offense is authorized, solicited, requested, commanded, or […]
Section 205 – Criminal responsibility of person for conduct in name of corporation or association.
76-2-205. Criminal responsibility of person for conduct in name of corporation or association. A person is criminally liable for conduct constituting an offense which he performs or causes to be performed in the name of or on behalf of a corporation or association to the same extent as if such conduct were performed in his […]
Section 301 – Person under 14 years old not criminally responsible.
76-2-301. Person under 14 years old not criminally responsible. A person is not criminally responsible for conduct performed before he reaches the age of 14 years. This section shall in no way limit the jurisdiction of or proceedings before the juvenile courts of this state. Enacted by Chapter 196, 1973 General Session
Section 302 – Compulsion.
76-2-302. Compulsion. (1) A person is not guilty of an offense when he engaged in the proscribed conduct because he was coerced to do so by the use or threatened imminent use of unlawful physical force upon him or a third person, which force or threatened force a person of reasonable firmness in his situation […]
Section 101 – Requirements of criminal conduct and criminal responsibility.
76-2-101. Requirements of criminal conduct and criminal responsibility. (1) (a) A person is not guilty of an offense unless the person’s conduct is prohibited by law; and (b) (i) the person acts intentionally, knowingly, recklessly, with criminal negligence, or with a mental state otherwise specified in the statute defining the offense, as the definition of […]
Section 102 – Culpable mental state required — Strict liability.
76-2-102. Culpable mental state required — Strict liability. Every offense not involving strict liability shall require a culpable mental state, and when the definition of the offense does not specify a culpable mental state and the offense does not involve strict liability, intent, knowledge, or recklessness shall suffice to establish criminal responsibility. An offense shall […]
Section 104 – Culpable mental state — Higher mental states included.
76-2-104. Culpable mental state — Higher mental states included. (1) If acting with criminal negligence is sufficient to establish the culpable mental state for an element of an offense, that element is also established if a person acts intentionally, knowingly, or recklessly. (2) If acting recklessly is sufficient to establish the culpable mental state for […]