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Current as of January 01, 2025 | Updated by Findlaw Staff
(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:
(a) the conduct, attendant circumstances, or results of conduct proscribed, prohibited, or forbidden in the definition of the offense; and
(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.
Cite this article: FindLaw.com - Utah Code Title 76. Utah Criminal Code § 76-1-501. Presumption of innocence--“Element of the offense” defined - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-1-501/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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