Utah Code § 76-1-502 : — UTAH CRIMINAL CODEGENERAL PROVISIONS —1-502 - Negating defense by allegation or proof - When not required

Section 76-1-501 does not require negating a defense:

(1) By allegation in an information, indictment, or other charge; or
(2) By proof, unless:
(a) The defense is in issue in the case as a result of evidence presented at trial, either by the prosecution or the defense; or
(b) The defense is an affirmative defense, and the defendant has presented evidence of such affirmative defense.

Utah Code § 76-1-502

Enacted by Chapter 196, 1973 General Session
SECTIONS