2006 Utah Code - 76-1-501 — Presumption of innocence -- "Element of the offense" defined.

     76-1-501.   Presumption of innocence -- "Element of the offense" defined.
     (1) A defendant in a criminal proceeding is presumed to be innocent until each element of the offense charged against him is proved beyond a reasonable doubt. In absence of such proof, the defendant shall be acquitted.
     (2) As used in this part the words "element of the offense" mean:
     (a) The conduct, attendant circumstances, or results of conduct proscribed, prohibited, or forbidden in the definition of the offense;
     (b) The culpable mental state required.
     (3) The existence of jurisdiction and venue are not elements of the offense but shall be established by a preponderance of the evidence.

Enacted by Chapter 196, 1973 General Session