Utah Statutes

§ 76-1-502 — Negating defense by allegation or proof -- When not required.

Utah·Title 76 Utah Criminal Code·Ch. 76-1 General Provisions·Part 76-1-5 Burden of Proof

Section 76-1-501 does not require negating a defense:

(1)By allegation in an information, indictment, or other charge; or
(2)By proof, unless:
(2)(a) The defense is in issue in the case as a result of evidence presented at trial, either by the prosecution or the defense; or
(2)(b) The defense is an affirmative defense, and the defendant has presented evidence of such affirmative defense.

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Legislative History

Enacted by Chapter 196, 1973 General Session

Nearby Sections

15
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