Utah Code Title 77. Utah Code of Criminal Procedure § 77-7a-104.1. Adverse inference jury instruction

(i) an officer intentionally or, with reckless disregard of a requirement of Section 77-7a-104, failed to comply with a requirement of Section 77-7a-104; and

(ii) the officer's failure to comply with the requirement of Section 77-7a-104 is reasonably likely to affect the outcome of the defendant's trial.

(i) the degree of prejudice to the defendant as a result of the officer's failure to comply with Section 77-7a-104;

(ii) the materiality and importance of the missing evidence in relation to the case as a whole;

(iii) the strength of the remaining evidence;

(iv) the degree of fault on behalf of the officer described in Subsection (2)(a)(i) or the law enforcement agency employing the officer, including whether evidence supports that the officer or the law enforcement agency displays a pattern of intentional or reckless disregard of the requirements of Section 77-7a-104; and

(v) other considerations the court determines are relevant to ensure just adjudication and due process.

(i) the written order or a description of the order allowing for the instruction;

(ii) the language of the instruction; and

(iii) the outcome of the trial.