2016 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 15a - Exemptions From Death Penalty In Capital Cases
Section 101 - Intellectually disabled defendant not subject to death penalty -- Defendant with subaverage functioning not subject to death penalty if confession not corroborated.

Effective 5/10/2016
77-15a-101. Intellectually disabled defendant not subject to death penalty -- Defendant with subaverage functioning not subject to death penalty if confession not corroborated.

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

Amended by Chapter 115, 2016 General Session