2017 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 15 - Inquiry into Sanity of Defendant
Section 2 - "Incompetent to proceed" defined.

Universal Citation: UT Code § 77-15-2 (2017)
77-15-2. "Incompetent to proceed" defined.
For the purposes of this chapter, a person is incompetent to proceed if he is suffering from a mental disorder or mental retardation resulting either in:
  • (1) his inability to have a rational and factual understanding of the proceedings against him or of the punishment specified for the offense charged; or
  • (2) his inability to consult with his counsel and to participate in the proceedings against him with a reasonable degree of rational understanding.


Amended by Chapter 162, 1994 General Session
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