Introductory Provisions

Utah Code tit. 76, ch. 76-1, pt. 76-1-P1

in effect

Utah Code § 76-1-101.5 Definitions.

76-1-101.5. Definitions. Unless otherwise provided, as used in this title: (1) "Act" means a voluntary bodily movement and includes speech. (2) "Actor" means a person whose criminal responsibility is in issue in a criminal action. (3) "Affinity" means a relationship by marriage. (4) "Bodily injury" means physical pain, illness, or any impairment of physical condition. (5) "Conduct" means an act or omission. (6) "Consanguinity" means a relationship by blood to the first or second degree, including an individual's parent, grandparent, sibling, child, aunt, uncle, niece, or nephew. (7) "Dangerous weapon" means: (a) any item capable of causing death or serious bodily injury; or (b) a facsimile or representation of the item, if: (i) the actor's use or apparent intended use of the item leads the victim to reasonably believe the item is likely to cause death or serious bodily injury; or (ii) the actor represents to the victim verbally or in any other manner that the actor is in control of such an item. (8) "Grievous sexual offense" means: (a) rape, Section 76-5-402; (b) rape of a child, Section 76-5-402.1; (c) object rape, Section 76-5-402.2; (d) object rape of a child, Section 76-5-402.3; (e) forcible sodomy, Subsection 76-5-403(2); (f) sodomy on a child, Section 76-5-403.1; (g) aggravated sexual abuse of a child, Section 76-5-404.3; (h) aggravated sexual assault, Section 76-5-405; (i) any felony attempt to commit an offense described in Subsections (8)(a) through (h); or (j) an offense in another state, territory, or district of the United States that, if committed in Utah, would constitute an offense described in Subsections (8)(a) through (i). (9) "Offense" means a violation of any penal statute of this state. (10) "Omission" means a failure to act when there is a legal duty to act and the actor is capable of acting. (11) "Person" means an individual, public or private corporation, government, partnership, or unincorporated association. (12) "Possess" means to have physical possession of or to exercise dominion or control over tangible property. (13) "Public entity" means: (a) the state, or an agency, bureau, office, department, division, board, commission, institution, laboratory, or other instrumentality of the state; (b) a political subdivision of the state, including a county, municipality, interlocal entity, special district, special service district, school district, or school board; (c) an agency, bureau, office, department, division, board, commission, institution, laboratory, or other instrumentality of a political subdivision of the state; or (d) another entity that: (i) performs a public function; and (ii) is authorized to hold, spend, transfer, disburse, use, or receive public money. (14) (a) "Public money" or "public funds" means money, funds, or accounts, regardless of the source from which they are derived, that: (i) are owned, held, or administered by an entity described in Subsections (13)(a) through (c); or (ii) are in the possession of an entity described in Subsection (13)(d)(i) for the purpose of performing a public function. (b) "Public money" or "public funds" includes money, funds, or accounts described in Subsection (14)(a) after the money, funds, or accounts are transferred by a public entity to an independent contractor of the public entity. (c) "Public money" or "public funds" remains public money or public funds while in the possession of an independent contractor of a public entity for the purpose of providing a program or service for, or on behalf of, the public entity. (15) "Public officer" means: (a) an elected official of a public entity; (b) an individual appointed to, or serving an unexpired term of, an elected official of a public entity; (c) a judge of a court of record or not of record, including justice court judges; or (d) a member of the Board of Pardons and Parole. (16) (a) "Public servant" means: (i) a public officer; (ii) an appointed official, employee, consultant, or independent contractor of a public entity; or (iii) a person hired or paid by a public entity to perform a government function. (b) Public servant includes a person described in Subsection (16)(a) upon the person's election, appointment, contracting, or other selection, regardless of whether the person has begun to officially occupy the position of a public servant. (17) "Serious bodily injury" means bodily injury that creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death. (18) "Substantial bodily injury" means bodily injury, not amounting to serious bodily injury, that creates or causes protracted physical pain, temporary disfigurement, or temporary loss or impairment of the function of any bodily member or organ. (19) "Writing" or "written" includes any handwriting, typewriting, printing, electronic storage or transmission, or any other method of recording information or fixing information in a form capable of being preserved. Amended by Chapter 16, 2023 General Session

Utah Code § 76-1-101.6 Application of definitions to title.

76-1-101.6. Application of definitions to title. (1) For formatting purposes, sections in this title that contain a criminal offense include an express provision that states that the title definitions in Section 76-1-101.5 apply to that section. (2) Although a provision described in Subsection (1) is not included in non-offense sections in this title, or in other titles, title definitions apply to all statutes within a title unless otherwise expressly provided. Amended by Chapter 291, 2026 General Session

Utah Code § 76-1-102 Effective date.

76-1-102. Effective date. This code shall become effective on July 1, 1973. Enacted by Chapter 196, 1973 General Session

Utah Code § 76-1-103 Application of code -- Offense prior to effective date.

76-1-103. Application of code -- Offense prior to effective date. (1) The provisions of this code shall govern the construction of, the punishment for, and defenses against any offense defined in this code or, except where otherwise specifically provided or the context otherwise requires, any offense defined outside this code; provided such offense was committed after the effective date of this code. (2) Any offense committed prior to the effective date of this code shall be governed by the law, statutory and non-statutory, existing at the time of commission thereof, except that a defense or limitation on punishment available under this code shall be available to any defendant tried or retried after the effective date. An offense under the laws of this state shall be deemed to have been committed prior to the effective date of this act if any of the elements of the offense occurred prior thereto. Enacted by Chapter 196, 1973 General Session

Utah Code § 76-1-104 Purposes and principles of construction.

76-1-104. Purposes and principles of construction. The provisions of this code shall be construed in accordance with these general purposes. (1) Forbid and prevent the commission of offenses. (2) Define adequately the conduct and mental state which constitute each offense and safeguard conduct that is without fault from condemnation as criminal. (3) Prescribe penalties which are proportionate to the seriousness of offenses and which permit recognition or differences in rehabilitation possibilities among individual offenders. (4) Prevent arbitrary or oppressive treatment of persons accused or convicted of offenses. Enacted by Chapter 196, 1973 General Session

Utah Code § 76-1-105 Common law crimes abolished.

76-1-105. Common law crimes abolished. Common law crimes are abolished and no conduct is a crime unless made so by this code, other applicable statute or ordinance. Amended by Chapter 32, 1974 General Session

Utah Code § 76-1-106 Strict construction rule not applicable.

76-1-106. Strict construction rule not applicable. The rule that a penal statute is to be strictly construed shall not apply to this code, any of its provisions, or any offense defined by the laws of this state. All provisions of this code and offenses defined by the laws of this state shall be construed according to the fair import of their terms to promote justice and to effect the objects of the law and general purposes of Section 76-1-104. Enacted by Chapter 196, 1973 General Session

Utah Code § 76-1-107 Procedure -- Applicable provisions -- Military codes, enforcement of court orders, and liability for civil damages not affected.

76-1-107. Procedure -- Applicable provisions -- Military codes, enforcement of court orders, and liability for civil damages not affected. (1) Except as otherwise provided, the procedure governing the accusation, prosecution, conviction, and punishment of offenders and offenses is not regulated by this act but by the code of criminal procedure. (2) This code does not affect any power conferred by law upon any court-martial or other military authority or officer to impose and inflict punishment upon offenders violating military codes or laws; nor does it affect any power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order or a civil judgment or decree. (3) This act does not bar, suspend, or otherwise affect any right or liability to damages, penalty, forfeiture, impeachment, or other remedy authorized by law to be recovered or enforced in a civil action, administrative proceeding, or otherwise, regardless of whether the conduct involved in the proceeding constitutes an offense defined in this code. Enacted by Chapter 196, 1973 General Session

Utah Code § 76-1-108 Severability clause.

76-1-108. Severability clause. If any provision of this act, or the application of any provision to any person or circumstance, is held invalid, the remainder of this act shall not be affected thereby. Enacted by Chapter 196, 1973 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title76/Chapter1/76-1-P1.html?v=C76-1-P1_1800010118000101Fetched: 10/26/2026