Utah Statutes

§ 76-2-104 — Culpable mental state -- Higher mental states included.

Utah § 76-2-104
JurisdictionUtah
Title 76Utah Criminal Code
Ch. 76-2Principles of Criminal Responsibility
Part 76-2-1Culpability Generally

This text of Utah § 76-2-104 (Culpable mental state -- Higher mental states included.) 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. § 76-2-104 (2026).

Text

(1)If acting with criminal negligence is sufficient to establish the culpable mental state for an element of an offense, that element is also established if a person acts intentionally, knowingly, or recklessly.
(2)If acting recklessly is sufficient to establish the culpable mental state for an element of an offense, that element is also established if a person acts intentionally or knowingly.
(3)If acting knowingly is sufficient to establish the culpable mental state for an element of an offense, that element is also established if a person acts intentionally.

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Related

State v. Dunn
850 P.2d 1201 (Utah Supreme Court, 1993)
446 case citations
State v. Casey
2003 UT 33 (Utah Supreme Court, 2003)
64 case citations
State v. Binkerd
2013 UT App 216 (Court of Appeals of Utah, 2013)
11 case citations
State v. Haltom
2005 UT App 348 (Court of Appeals of Utah, 2005)
7 case citations
State v. Apodaca
2018 UT App 131 (Court of Appeals of Utah, 2018)
6 case citations
State v. Vigil
2019 UT App 131 (Court of Appeals of Utah, 2019)
5 case citations
State v. Howell
554 P.2d 1326 (Utah Supreme Court, 1976)
4 case citations

Legislative History

Amended by Chapter 75, 1998 General Session

Nearby Sections

15
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Bluebook (online)
Utah § 76-2-104, Counsel Stack Legal Research, https://law.counselstack.com/statute/ut/76-2-104.