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. |
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Terms Used In Utah Code 76-1-501
- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Venue: The geographical location in which a case is tried.
| (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. |
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| (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
