Title 76 - Utah Criminal Code - Chapter 1 - General Provisions - Part 5 - Burden of Proof - Section 502 - Negating defense by allegation or proof -- When not required.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Utah Code

Page 1

76-1-502 Negating defense by allegation or proof -- When not required. Section 76-1-501 does not require negating a defense:

(1) By allegation in an information, indictment, or other charge; or (2) By proof, unless:

(a) The defense is in issue in the case as a result of evidence presented at trial, either by the prosecution or the defense; or

(b) The defense is an affirmative defense, and the defendant has presented evidence of such affirmative defense.

Enacted by Chapter 196, 1973 General Session