Negating defense by allegation or proof -- When not required
Applied in 7 court decisions — leading case State v. Low (2008)
Most recently applied in 2025 UT App 92 - State v. Buranek (June 2025)
Enacted by Chapter 196, 1973 General Session
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.
Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.