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2020 Utah Code
Title 76 - Utah Criminal Code
Chapter 1 - General Provisions
Part 5 - Burden of Proof
Section 501 - Presumption of innocence -- "Element of the offense" defined.
Universal Citation:
UT Code § 76-1-501 (2020)
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Effective 5/13/2014
76-1-501. Presumption of innocence -- "Element of the offense" defined.
Amended by Chapter 40, 2014 General Session
Amended by Chapter 189, 2014 General Session
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 the absence of this proof, the defendant shall be acquitted.
- (2) As used in this part, "element of the offense" means:
- (a) the conduct, attendant circumstances, or results of conduct proscribed, prohibited, or forbidden in the definition of the offense; and
- (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.
Amended by Chapter 40, 2014 General Session
Amended by Chapter 189, 2014 General Session
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