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Utah legal term

Constructive awareness in Utah Criminal Law

Current through 2026 Utah legislative session

In Utah criminal law, “Constructive awareness” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the Utah criminal code.

What does “Constructive awareness” mean in Utah criminal law?

"Constructive awareness" means that: (3)(a) a reasonable inspection or observation by an individual under the circumstances would have disclosed the nature of the subject matter; and (3)(b) a failure to inspect or observe by the individual is either for the purpose of avoiding the disclosure or the individual is criminally negligent. (Utah Code Ann. § 76-5c-101)

Statutes defining or using this term

Related terms in the same statutes

This reference is informational and is not legal advice.