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 307 – Voluntary termination of efforts prior to offense.
76-2-307. Voluntary termination of efforts prior to offense. It is an affirmative defense to a prosecution in which an actor’s criminal responsibility arises from his own conduct or from being a party to an offense under Section 76-2-202 that prior to the commission of the offense, the actor voluntarily terminated his effort to promote or […]
Section 308 – Affirmative defenses.
76-2-308. Affirmative defenses. Defenses enumerated in this part constitute affirmative defenses. Enacted by Chapter 196, 1973 General Session
Section 309 – Justified use of force.
Effective 5/5/2021 76-2-309. Justified use of force. (1) An individual who uses or threatens to use force as permitted in Section 76-2-402, 76-2-404, 76-2-405, 76-2-406, 76-2-407, or 76-2-408 is justified in that conduct. (2) The pretrial justification hearing process described in Subsections (3)(a) and (b) does not apply if: (a) (i) the individual against whom […]
Section 303 – Entrapment.
76-2-303. Entrapment. (1) It is a defense that the actor was entrapped into committing the offense. Entrapment occurs when a peace officer or a person directed by or acting in cooperation with the officer induces the commission of an offense in order to obtain evidence of the commission for prosecution by methods creating a substantial […]
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 […]