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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 […]

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 […]