76-5-203. Murder — Penalties– Affirmative defense and special mitigation — Separate offenses.
| (1) |
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| first degree felony | 5 years to life | up to $10,000 |
For details, see Utah Code § 76-3-203
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Terms Used In Utah Code 76-5-203- Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Arrest: Taking physical custody of a person by lawful authority.
- Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-101.5
- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Conviction: A judgement of guilt against a criminal defendant.
- Dangerous weapon: means :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.
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
| (a) |
As used in this section, “predicate offense” means:
| (ii) |
aggravated child abuse, under Subsection 76-5-109.2(3)(a), when the abused individual is younger than 18 years old; |
| (iii) |
kidnapping under Section 76-5-301; |
| (v) |
aggravated kidnapping under Section 76-5-302; |
| (ix) |
object rape of a child under Section 76-5-402.3; |
| (x) |
forcible sodomy under Section 76-5-403; |
| (xi) |
sodomy upon a child under Section 76-5-403.1; |
| (xii) |
forcible sexual abuse under Section 76-5-404; |
| (xiii) |
sexual abuse of a child under Section 76-5-404.1; |
| (xiv) |
aggravated sexual abuse of a child under Section 76-5-404.3; |
| (xv) |
aggravated sexual assault under Section 76-5-405; |
| (xvii) |
aggravated arson under Section 76-6-103; |
| (xviii) |
burglary under Section 76-6-202; |
| (xix) |
aggravated burglary under Section 76-6-203; |
| (xxi) |
aggravated robbery under Section 76-6-302; |
| (xxii) |
escape or aggravated escape under Section 76-8-309; or |
| (xxiii) |
a felony violation of Section 76-10-508 or 76-10-508.1 regarding discharge of a firearm or dangerous weapon. |
|
| (b) |
Terms defined in Section 76-1-101.5 apply to this section. |
|
| (2) |
An actor commits murder if:
| (a) |
the actor intentionally or knowingly causes the death of another individual; |
| (b) |
intending to cause serious bodily injury to another individual, the actor commits an act clearly dangerous to human life that causes the death of the other individual; |
| (c) |
acting under circumstances evidencing a depraved indifference to human life, the actor knowingly engages in conduct that creates a grave risk of death to another individual and thereby causes the death of the other individual; |
| (d) |
| (i) |
the actor is engaged in the commission, attempted commission, or immediate flight from the commission or attempted commission of any predicate offense, or is a party to the predicate offense; |
| (ii) |
an individual other than a party described in Section 76-2-202 is killed in the course of the commission, attempted commission, or immediate flight from the commission or attempted commission of any predicate offense; and |
| (iii) |
the actor acted with the intent required as an element of the predicate offense; |
|
| (e) |
the actor recklessly causes the death of a peace officer or military service member in uniform while in the commission or attempted commission of:
| (i) |
an assault against a peace officer under Section 76-5-102.4; |
| (ii) |
interference with a peace officer while making a lawful arrest under Section 76-8-305 if the actor uses force against the peace officer; or |
| (iii) |
an assault against a military service member in uniform under Section 76-5-102.4; or |
|
| (f) |
the actor commits a homicide that would be aggravated murder, but the offense is reduced in accordance with Subsection 76-5-202(4). |
|
| (3) |
| (a) |
| (i) |
A violation of Subsection (2) is a first degree felony. |
| (ii) |
A defendant who is convicted of murder shall be sentenced to imprisonment for an indeterminate term of not less than 15 years and which may be for life. |
|
| (b) |
Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder, or alternatively, attempted murder, as described in this section are proved beyond a reasonable doubt, and also finds that the existence of special mitigation is established by a preponderance of the evidence and in accordance with Section 76-5-205.5, the court shall enter a judgment of conviction as follows:
| (i) |
if the trier of fact finds the defendant guilty of murder, the court shall enter a judgment of conviction for manslaughter; or |
| (ii) |
if the trier of fact finds the defendant guilty of attempted murder, the court shall, notwithstanding Subsection 76-4-102(1)(b) or 76-4-102(1)(c)(i), enter a judgment of conviction for attempted manslaughter. |
|
|
| (4) |
| (a) |
It is an affirmative defense to a charge of murder or attempted murder that the defendant caused the death of another individual or attempted to cause the death of another individual under a reasonable belief that the circumstances provided a legal justification or excuse for the conduct although the conduct was not legally justifiable or excusable under the existing circumstances. |
| (b) |
The reasonable belief of the actor under Subsection (4)(a) shall be determined from the viewpoint of a reasonable person under the then existing circumstances. |
| (c) |
Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder, or alternatively, attempted murder, as described in this section are proved beyond a reasonable doubt, and also finds the affirmative defense described in this Subsection (4) is not disproven beyond a reasonable doubt, the court shall enter a judgment of conviction as follows:
| (i) |
if the trier of fact finds the defendant guilty of murder, the court shall enter a judgment of conviction for manslaughter; or |
| (ii) |
if the trier of fact finds the defendant guilty of attempted murder, the court shall enter a judgment of conviction for attempted manslaughter. |
|
|
| (5) |
| (a) |
Any predicate offense that constitutes a separate offense does not merge with the crime of murder. |
| (b) |
An actor who is convicted of murder, based on a predicate offense that constitutes a separate offense, may also be convicted of, and punished for, the separate offense. |
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Amended by Chapter 181, 2022 General Session
