Utah § 76-1-501 Presumption of innocence -- "Element of the offense" defined.

Utah Statutes

§ 76-1-501 — Presumption of innocence -- "Element of the offense" defined.

Utah § 76-1-501

Title 76Utah Criminal Code

Ch. 76-1General Provisions

Part 76-1-5Burden of Proof

This text of Utah § 76-1-501 (Presumption of innocence -- "Element of the offense" defined.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 76-1-501 (2026).

Text

(1)A defendant in a criminal proceeding is presumed to be innocent until each element of the offense charged against him is proved beyond a reasonable doubt. In the absence of this proof, the defendant shall be acquitted.

(2)As used in this part, "element of the offense" means:

(2)(a) the conduct, attendant circumstances, or results of conduct proscribed, prohibited, or forbidden in the definition of the offense; and

(2)(b) the culpable mental state required.

(3)The existence of jurisdiction and venue are not elements of the offense but shall be established by a preponderance of the evidence.

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(1) A defendant in a criminal proceeding is presumed to be innocent until each element of the offense charged against him is proved beyond a reasonable doubt. In the absence of this proof, the defendant shall be acquitted.
(2) As used in this part, "element of the offense" means:

(2)(a) the conduct, attendant circumstances, or results of conduct proscribed, prohibited, or forbidden in the definition of the offense; and
(2)(b) the culpable mental state required.
(3) The existence of jurisdiction and venue are not elements of the offense but shall be established by a preponderance of the evidence.