Effective 5/4/2022 76-5-201. Criminal homicide — Designations of offenses — Exceptions — Application of consensual altercation defense. (1) (a) As used in this section: (i) “Abortion” means the same as that term is defined in Section 76-7-301. (ii) “Criminal homicide” means an act causing the death of another human being, including an unborn child at […]
Effective 5/4/2022 76-5-202. Aggravated murder — Penalties — Affirmative defense and special mitigation — Separate offense. (1) (a) As used in this section: (i) “Correctional officer” means the same as that term is defined in Section 53-13-104. (ii) “Emergency responder” means the same as that term is defined in Section 53-2b-102. (iii) “Federal officer” means […]
Effective 5/4/2022 76-5-203. Murder — Penalties– Affirmative defense and special mitigation — Separate offenses. (1) (a) As used in this section, “predicate offense” means: (i) a clandestine drug lab violation under Section 58-37d-4 or 58-37d-5; (ii) aggravated child abuse, under Subsection 76-5-109.2(3)(a), when the abused individual is younger than 18 years old; (iii) kidnapping under […]
76-5-204. Death of other than intended victim no defense. In any prosecution for criminal homicide, evidence that the actor caused the death of a person other than the intended victim shall not constitute a defense for any purpose to criminal homicide. Enacted by Chapter 196, 1973 General Session
Effective 5/4/2022 76-5-205. Manslaughter — Penalties. (1) (a) As used in this section: (i) (A) “Aid” means the act of providing the physical means. (B) “Aid” does not include the withholding or withdrawal of life sustaining treatment procedures to the extent allowed under Title 75, Chapter 2a, Advance Health Care Directive Act, or any other […]
Effective 5/4/2022 76-5-205.5. Special mitigation for mental illness or provocation — Burden of proof — Charge reduction. (1) (a) As used in this section: (i) (A) “Extreme emotional distress” means an overwhelming reaction of anger, shock, or grief that: (I) causes the defendant to be incapable of reflection and restraint; and (II) would cause an […]
Effective 5/4/2022 76-5-206. Negligent homicide — Penalties. (1) Definitions of terms in Section 76-1-101.5 apply to this section. (2) An actor commits negligent homicide if the actor, acting with criminal negligence, causes the death of another individual. (3) A violation of Subsection (2) is a class A misdemeanor. (4) (a) In addition to the penalty […]
Effective 5/4/2022 76-5-207. Negligently operating a vehicle resulting in death — Penalties — Evidence. (1) (a) As used in this section: (i) “Controlled substance” means the same as that term is defined in Section 58-37-2. (ii) “Criminally negligent” means the same as that term is described in Subsection 76-2-103(4). (iii) “Drug” means: (A) a controlled […]
Effective 5/4/2022 76-5-207.5. Automobile homicide involving a handheld wireless communication device while driving. (1) (a) As used in this section: (i) “Criminally negligent” means the same as that term is described in Subsection 76-2-103(4). (ii) “Motor vehicle” means any self-propelled vehicle, including an automobile, truck, van, motorcycle, train, engine, watercraft, or aircraft. (iii) “Negligent” means […]
Effective 5/4/2022 76-5-208. Child abuse homicide — Penalties. (1) (a) As used in this section, “child abuse” means an offense described in Sections 76-5-109, 76-5-109.2, 76-5-109.3, and 76-5-114. (b) Terms defined in Section 76-1-101.5 apply to this section. (2) Unless a violation amounts to aggravated murder as described in Section 76-5-202, an actor commits child […]
Effective 5/4/2022 76-5-209. Homicide by assault — Penalty. (1) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits homicide by assault if, under circumstances not amounting to aggravated murder, murder, or manslaughter: (a) the actor causes the death of another individual; and (b) the actor causes the other individual’s death while […]
