Utah statute
Utah Code Ann. § 76-1-501 — Presumption of innocence - "Element of the offense" defined.
Current through 2026 General Session
Part of Part 5: Burden of Proof, Utah Code.
Full text of Utah Code Ann. § 76-1-501
Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.
(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. (2) As used in this part, "element of the offense" means: (2)(a) the conduct, attendant circumstances, or results of conduct proscribed, prohibited, or forbidden in the definition of the offense; and (2)(b) the culpable mental state required. (3) The existence of jurisdiction and venue are not elements of the offense but shall be established by a preponderance of the evidence.
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