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Utah Code § 76-2-203

Defenses unavailable in prosecution based on conduct of another

Applied in 1 court decision — leading case State v. Pendergrass (1990)

Most recently applied in State v. Pendergrass (December 1990)

Enacted by Chapter 196, 1973 General Session

In any prosecution in which an actor's criminal responsibility is based on the conduct of another, it is no defense:

(1) That the actor belongs to a class of persons who by definition of the offense is legally incapable of committing the offense in an individual capacity, or

(2) That the person for whose conduct the actor is criminally responsible has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or of a different type or class of offense or is immune from prosecution.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.