Utah § 77-15a-101 Intellectually disabled defendant not subject to death penalty -- Defendant with subaverage functioning not subject to death penalty if confession not corroborated.

Utah Statutes

§ 77-15a-101 — Intellectually disabled defendant not subject to death penalty -- Defendant with subaverage functioning not subject to death penalty if confession not corroborated.

Utah·Title 77 Utah Code of Criminal Procedure·Ch. 77-15a Exemptions From Death Penalty In Capital Cases

(1)A defendant who is found by the court to be intellectually disabled as defined in Section 77-15a-102 is not subject to the death penalty.

(2)A defendant who does not meet the definition of intellectually disabled under Section 77-15a-102 is not subject to the death penalty if:

(2)(a) the defendant has significantly subaverage general intellectual functioning that exists concurrently with significant deficiencies in adaptive functioning;

(2)(b) the functioning described in Subsection (2)(a) is manifested prior to age 22; and

(2)(c) the state intends to introduce into evidence a confession by the defendant which is not supported by substantial evidence independent of the confession.

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(1) A defendant who is found by the court to be intellectually disabled as defined in Section 77-15a-102 is not subject to the death penalty.
(2) A defendant who does not meet the definition of intellectually disabled under Section 77-15a-102 is not subject to the death penalty if:

(2)(a) the defendant has significantly subaverage general intellectual functioning that exists concurrently with significant deficiencies in adaptive functioning;
(2)(b) the functioning described in Subsection (2)(a) is manifested prior to age 22; and
(2)(c) the state intends to introduce into evidence a confession by the defendant which is not supported by substantial evidence independent of the confession.

Utah § 77-15a-101 (Intellectually disabled defendant not subject to death penalty -- Defendant with subaverage functioning not subject to death penalty if confession not corroborated.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.