Utah Statutes
§ 76-2-306 — Voluntary intoxication.
Utah § 76-2-306
JurisdictionUtah
Title 76Utah Criminal Code
Ch. 76-2Principles of Criminal Responsibility
Part 76-2-3Defenses to Criminal Responsibility
This text of Utah § 76-2-306 (Voluntary intoxication.) 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. § 76-2-306 (2026).
Text
(1)Voluntary intoxication is not a defense to a criminal charge unless such intoxication negates the existence of the mental state which is an element of the offense. If recklessness or criminal negligence establishes an element of an offense and the actor is unaware of the risk because of voluntary intoxication, his unawareness is immaterial in a prosecution for that offense.
(2)Voluntary intoxication is not a defense to sexual offenses, as described in Title 76, Chapter 5, Part 4, Sexual Offenses, other than Section 76-5-417, 76-5-418, 76-5-419, or 76-5-420.
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Related
State v. Tennyson
850 P.2d 461 (Court of Appeals of Utah, 1993)
State v. Standiford
769 P.2d 254 (Utah Supreme Court, 1988)
State v. Johnson
784 P.2d 1135 (Utah Supreme Court, 1989)
State v. Burke
2011 UT App 168 (Court of Appeals of Utah, 2011)
State v. Chacon
962 P.2d 48 (Utah Supreme Court, 1998)
State v. Cummins
839 P.2d 848 (Court of Appeals of Utah, 1992)
Kelly v. Salt Lake City Civil Service Commission
2000 UT App 235 (Court of Appeals of Utah, 2000)
State v. Haston
811 P.2d 929 (Court of Appeals of Utah, 1991)
State v. Longshaw
961 P.2d 925 (Court of Appeals of Utah, 1998)
State v. Marvin
964 P.2d 313 (Utah Supreme Court, 1998)
State v. Jaramillo
2016 UT App 70 (Court of Appeals of Utah, 2016)
State v. Bell
2016 UT App 157 (Court of Appeals of Utah, 2016)
Koehler v. Allen
2020 UT App 73 (Court of Appeals of Utah, 2020)
State v. Padilla
776 P.2d 1329 (Utah Supreme Court, 1989)
State v. Sellers
2011 UT App 38 (Court of Appeals of Utah, 2011)
State v. Howell
554 P.2d 1326 (Utah Supreme Court, 1976)
State v. Kataria
2014 UT App 236 (Court of Appeals of Utah, 2014)
State v. Thompson
2017 UT App 183 (Court of Appeals of Utah, 2017)
State v. Peterson
2019 UT App 193 (Court of Appeals of Utah, 2019)
Honie v. Crowther
(D. Utah, 2019)
Legislative History
Amended by Chapter 173, 2025 General Session
Nearby Sections
15
§ 76-1-101
Short title.§ 76-1-101.5
Definitions.§ 76-1-101.6
Application of definitions to title.§ 76-1-102
Effective date.§ 76-1-104
Purposes and principles of construction.§ 76-1-105
Common law crimes abolished.§ 76-1-106
Strict construction rule not applicable.§ 76-1-108
Severability clause.§ 76-1-201
Jurisdiction of offenses.§ 76-1-202
Venue of actions.Cite This Page — Counsel Stack
Bluebook (online)
Utah § 76-2-306, Counsel Stack Legal Research, https://law.counselstack.com/statute/ut/76-2-306.