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2014 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 15a - Exemptions From Death Penalty In Capital Cases
Section 101 - Mentally retarded defendant not subject to death penalty -- Defendant with subaverage functioning not subject to death penalty if confession not corroborated.

Universal Citation:
UT Code ยง 77-15a-101 (2014)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
77-15a-101. Mentally retarded 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 mentally retarded as defined in Section 77-15a-102 is not subject to the death penalty.
(2) A defendant who does not meet the definition of mental retardation 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.


Enacted by Chapter 11, 2003 General Session
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