Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
(1)?A defendant who is found by the court to be intellectually disabled as defined in Section 77-15a-102 is not subject to the death penalty.
(2)?A defendant who does not meet the definition of intellectually disabled under Section 77-15a-102 is not subject to the death penalty if:
(a)?the defendant has significantly subaverage general intellectual functioning that exists concurrently with significant deficiencies in adaptive functioning;
(b)?the functioning described in Subsection (2)(a) is manifested prior to age 22; ?and
(c)?the state intends to introduce into evidence a confession by the defendant which is not supported by substantial evidence independent of the confession.
Cite this article: FindLaw.com - Utah Code Title 77. Utah Code of Criminal Procedure § 77-15a-101. Intellectually disabled defendant not subject to death penalty--Defendant with subaverage functioning not subject to death penalty if confession not corroborated - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-77-utah-code-of-criminal-procedure/ut-code-sect-77-15a-101/
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 or via Westlaw before relying on it for your legal needs.