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title: UTAH CODE

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# UTAH CODE
# TITLE 1. CRIMINAL CODE
## Chapter 1. General Provisions
### Part 1. Short Title
 This title shall be known and may be cited as the "Utah Criminal Code."
### Part 2. Burden of Proof
#### Section 201. Presumption of innocence (1-1-201)
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.
#### Section 202. Negating defense by allegation or proof -- When not required. (1-1-202)
Section 1-1-201 does not require negating a defense:
1.	By allegation in an information, indictment, or other charge; or
2.	By proof, unless:
3.	The defense is in issue in the case as a result of evidence presented at trial, either by the prosecution or the defense; or
4.	The defense is an affirmative defense, and the defendant has presented evidence of such affirmative defense.
#### Section 203. Presumption of fact (1-1-203)
An evidentiary presumption established by this code or other penal statute has the following consequences:
1. When evidence of facts which support the presumption exist, the issue of the existence of the presumed fact must be submitted to the jury unless the court is satisfied that the evidence as a whole clearly negates the presumed fact;
2. In submitting the issue of the existence of a presumed fact to the jury, the court shall charge that while the presumed fact must on all evidence be proved beyond a reasonable doubt, the law regards the facts giving rise to the presumption as evidence of the presumed fact.
## Chapter 2. Principles of Criminal Responsibility
### Part 1. Culpability 
#### Section 101. Requirements of criminal conduct and criminal responsibility. (1-2-101)
1.	A person is not guilty of an offense unless the person's conduct is prohibited by law; and
2.	the person acts intentionally, knowingly, recklessly, with criminal negligence, or with a mental state otherwise specified in the statute defining the offense, as the definition of the offense requires; or
3.	the person's acts constitute an offense involving strict liability.
4.	These standards of criminal responsibility do not apply to the violations set forth in the Traffic Code, unless specifically provided by law.
#### Section 102. Definitions. (1-2-102)
   A person engages in conduct:
1.	Intentionally, or with intent or willfully with respect to the nature of his conduct or to a result of his conduct, when it is his conscious objective or desire to engage in the conduct or cause the result.
2.	Knowingly, or with knowledge, with respect to his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or the existing circumstances. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
3.	Recklessly with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.
4.	With criminal negligence or is criminally negligent with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise in all the circumstances as viewed from the actor's standpoint.
#### Section 103. Transferred intent. (1-2-103)
Where intentionally causing a result is an element of an offense, that element is established even if a different person than the actor intended was killed, injured, or harmed, or different property than the actor intended was damaged or otherwise affected.
## Chapter 3. Punishments
### Part 1. Classification of Offenses 
#### Section 101. Sentencing in accordance with chapter. (1-2-101)
1.	A person adjudged guilty of an offense under this code shall be sentenced in accordance with the provisions of this chapter.
2.	Penal laws enacted after the effective date of this code shall be classified for sentencing purposes in accordance with this chapter.
#### Section 102. Designation of offenses. (1-3-102)
 Offenses are designated as felonies, misdemeanors, or infractions.
#### Section 103.  Felonies classified. (1-3-103)
1. Felonies are classified into four categories:
   *	Capital felonies;
   *	Felonies of the first degree;
   *	Felonies of the second degree;
   *	Felonies of the third degree.
2.	An offense designated as a felony either in this code or in another law, without specification as to punishment or category, is a felony of the third degree.
#### Section 104.  Misdemeanors classified. (1-3-104)
1.	Misdemeanors are classified into three categories:
   *	Class A misdemeanors;
   *	Class B misdemeanors;
   *	Class C misdemeanors.
2.	An offense designated as a misdemeanor in this code without specification as to punishment or category is an infraction punishable in accordance with Section 1-3-105.
#### Section 105.  Infractions. (1-3-105)
1.	Infractions are not classified.
2.	Any offense which is an infraction within this code is expressly designated and any offense defined outside this code which is not designated as a felony or misdemeanor and for which no penalty is specified is an infraction.
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## Chapter 4. Inchoate Offenses
### Part 1. Attempt
#### Section 101.  Attempt -- Elements of offense. (1-4-101)
1. For purposes of this part, a person is guilty of an attempt to commit a crime if he:
