(1)  The following may not be admitted into evidence against the defendant in any criminal proceeding, except as provided in Subsection (2):

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Terms Used In Utah Code 77-15a-106

  • 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.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a)  any statement made by the defendant in the course of any mental examination conducted under this chapter, whether the examination is with or without the consent of the defendant, and any testimony by the expert based upon the defendant’s statement; and

(b)  any other fruits of the defendant’s statement under Subsection (1)(a).

(2)  Evidence under Subsection (1) may be admitted on an issue regarding a mental condition on which the defendant has introduced evidence.

Enacted by Chapter 11, 2003 General Session