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2025 Utah Code
Title 76 - Utah Criminal Code
Chapter 2 - Principles of Criminal Responsibility
Part 3 - Defenses to Criminal Responsibility
Section 306 - Voluntary intoxication.
Universal Citation:
UT Code § 76-2-306 (2025)
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Effective 5/7/2025
76-2-306. Voluntary intoxication.
Amended by Chapter 173, 2025 General Session
76-2-306. Voluntary intoxication.
- (1)Voluntary intoxication is not a defense to a criminal charge unless such intoxication negates the existence of the mental state which is an element of the offense. If recklessness or criminal negligence establishes an element of an offense and the actor is unaware of the risk because of voluntary intoxication, his unawareness is immaterial in a prosecution for that offense.
- (2)Voluntary intoxication is not a defense to sexual offenses, as described in Title 76, Chapter 5, Part 4, Sexual Offenses, other than Section 76-5-417, 76-5-418, 76-5-419, or 76-5-420.
Amended by Chapter 173, 2025 General Session
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