Section 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 Section 76-5-301;
    • (iv) child kidnapping under Section 76-5-301.1;
    • (v) aggravated kidnapping under Section 76-5-302;
    • (vi) rape under Section 76-5-402;
    • (vii) rape of a child under Section 76-5-402.1;
    • (viii) object rape under Section 76-5-402.2;
    • (ix) object rape of a child under Section 76-5-402.3;
    • (x) forcible sodomy under Section 76-5-403;
    • (xi) sodomy upon a child under Section 76-5-403.1;
    • (xii) forcible sexual abuse under Section 76-5-404;
    • (xiii) sexual abuse of a child under Section 76-5-404.1;
    • (xiv) aggravated sexual abuse of a child under Section 76-5-404.3;
    • (xv) aggravated sexual assault under Section 76-5-405;
    • (xvi) arson under Section 76-6-102;
    • (xvii) aggravated arson under Section 76-6-103;
    • (xviii) burglary under Section 76-6-202;
    • (xix) aggravated burglary under Section 76-6-203;
    • (xx) robbery under Section 76-6-301;
    • (xxi) aggravated robbery under Section 76-6-302;
    • (xxii) escape or aggravated escape under Section 76-8-309; or
    • (xxiii) a felony violation of Section 76-10-508 or 76-10-508.1 regarding discharge of a firearm or dangerous weapon.
  • (b) Terms defined in Section 76-1-101.5 apply to this section.

• (2) An actor commits murder if:
  • (a) the actor intentionally or knowingly causes the death of another individual;
  • (b) intending to cause serious bodily injury to another individual, the actor commits an act clearly dangerous to human life that causes the death of the other individual;
  • (c) acting under circumstances evidencing a depraved indifference to human life, the actor knowingly engages in conduct that creates a grave risk of death to another individual and thereby causes the death of the other individual;
  • (d)
    • (i) the actor is engaged in the commission, attempted commission, or immediate flight from the commission or attempted commission of any predicate offense, or is a party to the predicate offense;
    • (ii) an individual other than a party described in Section 76-2-202 is killed in the course of the commission, attempted commission, or immediate flight from the commission or attempted commission of any predicate offense; and
    • (iii) the actor acted with the intent required as an element of the predicate offense;
  • (e) the actor recklessly causes the death of a peace officer or military service member in uniform while in the commission or attempted commission of:
    • (i) an assault against a peace officer under Section 76-5-102.4;
    • (ii) interference with a peace officer while making a lawful arrest under Section 76-8-305 if the actor uses force against the peace officer; or
    • (iii) an assault against a military service member in uniform under Section 76-5-102.4; or
  • (f) the actor commits a homicide that would be aggravated murder, but the offense is reduced in accordance with Subsection 76-5-202(4).

• (3)
  • (a)
    • (i) A violation of Subsection (2) is a first degree felony.
    • (ii) A defendant who is convicted of murder shall be sentenced to imprisonment for an indeterminate term of not less than 15 years and which may be for life.
  • (b) Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder, or alternatively, attempted murder, as described in this section are proved beyond a reasonable doubt, and also finds that the existence of special mitigation is established by a preponderance of the evidence and in accordance with Section 76-5-205.5, the court shall enter a judgment of conviction as follows:
    • (i) if the trier of fact finds the defendant guilty of murder, the court shall enter a judgment of conviction for manslaughter; or
    • (ii) if the trier of fact finds the defendant guilty of attempted murder, the court shall, notwithstanding Subsection 76-4-102(1)(b) or 76-4-102(1)(c)(i), enter a judgment of conviction for attempted manslaughter.

• (4)
  • (a) It is an affirmative defense to a charge of murder or attempted murder that the defendant caused the death of another individual or attempted to cause the death of another individual under a reasonable belief that the circumstances provided a legal justification or excuse for the conduct although the conduct was not legally justifiable or excusable under the existing circumstances.
  • (b) The reasonable belief of the actor under Subsection (4)(a) shall be determined from the viewpoint of a reasonable person under the then existing circumstances.
  • (c) Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder, or alternatively, attempted murder, as described in this section are proved beyond a reasonable doubt, and also finds the affirmative defense described in this Subsection (4) is not disproven beyond a reasonable doubt, the court shall enter a judgment of conviction as follows:
    • (i) if the trier of fact finds the defendant guilty of murder, the court shall enter a judgment of conviction for manslaughter; or
    • (ii) if the trier of fact finds the defendant guilty of attempted murder, the court shall enter a judgment of conviction for attempted manslaughter.

• (5)
  • (a) Any predicate offense that constitutes a separate offense does not merge with the crime of murder.
  • (b) An actor who is convicted of murder, based on a predicate offense that constitutes a separate offense, may also be convicted of, and punished for, the separate offense.

Amended by Chapter 181, 2022 General Session