Section 76-5-203 - [Effective Until 5/1/2024] Murder - Penalties- Affirmative defense and special mitigation -Separate offenses(1)(a) As used in this section, "predicate offense" means:(i) a clandestine drug lab violation under Section 58-37d-4 or 58-37d-5;(ii) aggravated child abuse, under Subsection 76-5-109.2(3)(a), when the abused individual is younger than 18 years old;(iii) kidnapping under Section 76-5-301;(iv) child kidnapping under Section 76-5-301.1;(v) aggravated kidnapping under Section 76-5-302;(vi) rape under Section 76-5-402;(vii) rape of a child under Section 76-5-402.1;(viii) object rape under Section 76-5-402.2;(ix) object rape of a child under Section 76-5-402.3;(x) forcible sodomy under Section 76-5-403;(xi) sodomy upon a child under Section 76-5-403.1;(xii) forcible sexual abuse under Section 76-5-404;(xiii) sexual abuse of a child under Section 76-5-404.1;(xiv) aggravated sexual abuse of a child under Section 76-5-404.3;(xv) aggravated sexual assault under Section 76-5-405;(xvi) arson under Section 76-6-102;(xvii) aggravated arson under Section 76-6-103;(xviii) burglary under Section 76-6-202;(xix) aggravated burglary under Section 76-6-203;(xx) robbery under Section 76-6-301;(xxi) aggravated robbery under Section 76-6-302;(xxii) escape or aggravated escape under Section 76-8-309; or(xxiii) a felony violation of Section 76-10-508 or 76-10-508.1 regarding discharge of a firearm or dangerous weapon.(b) Terms defined in Section 76-1-101.5 apply to this section.(2) An actor commits murder if: (a) the actor intentionally or knowingly causes the death of another individual;(b) intending to cause serious bodily injury to another individual, the actor commits an act clearly dangerous to human life that causes the death of the other individual;(c) acting under circumstances evidencing a depraved indifference to human life, the actor knowingly engages in conduct that creates a grave risk of death to another individual and thereby causes the death of the other individual;(d)(i) the actor is engaged in the commission, attempted commission, or immediate flight from the commission or attempted commission of any predicate offense, or is a party to the predicate offense;(ii) an individual other than a party described in Section 76-2-202 is killed in the course of the commission, attempted commission, or immediate flight from the commission or attempted commission of any predicate offense; and(iii) the actor acted with the intent required as an element of the predicate offense;(e) the actor recklessly causes the death of a peace officer or military service member in uniform while in the commission or attempted commission of:(i) an assault against a peace officer under Section 76-5-102.4;(ii) interference with a peace officer while making a lawful arrest under Section 76-8-305 if the actor uses force against the peace officer; or(iii) an assault against a military service member in uniform under Section 76-5-102.4; or(f) the actor commits a homicide that would be aggravated murder, but the offense is reduced in accordance with Subsection 76-5-202(4).(3)(a)(i) A violation of Subsection (2) is a first degree felony.(ii) A defendant who is convicted of murder shall be sentenced to imprisonment for an indeterminate term of not less than 15 years and which may be for life.(b) Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder, or alternatively, attempted murder, as described in this section are proved beyond a reasonable doubt, and also finds that the existence of special mitigation is established by a preponderance of the evidence and in accordance with Section 76-5-205.5, the court shall enter a judgment of conviction as follows: (i) if the trier of fact finds the defendant guilty of murder, the court shall enter a judgment of conviction for manslaughter; or(ii) if the trier of fact finds the defendant guilty of attempted murder, the court shall, notwithstanding Subsection 76-4-102(1)(b) or 76-4-102(1)(c)(i), enter a judgment of conviction for attempted manslaughter.(4)(a) It is an affirmative defense to a charge of murder or attempted murder that the defendant caused the death of another individual or attempted to cause the death of another individual under a reasonable belief that the circumstances provided a legal justification or excuse for the conduct although the conduct was not legally justifiable or excusable under the existing circumstances.(b) The reasonable belief of the actor under Subsection (4)(a) shall be determined from the viewpoint of a reasonable person under the then existing circumstances.(c) Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder, or alternatively, attempted murder, as described in this section are proved beyond a reasonable doubt, and also finds the affirmative defense described in this Subsection (4) is not disproven beyond a reasonable doubt, the court shall enter a judgment of conviction as follows:(i) if the trier of fact finds the defendant guilty of murder, the court shall enter a judgment of conviction for manslaughter; or(ii) if the trier of fact finds the defendant guilty of attempted murder, the court shall enter a judgment of conviction for attempted manslaughter.(5)(a) Any predicate offense that constitutes a separate offense does not merge with the crime of murder.(b) An actor who is convicted of murder, based on a predicate offense that constitutes a separate offense, may also be convicted of, and punished for, the separate offense.Amended by Chapter 181, 2022 General Session ,§ 53, eff. 5/4/2022.Amended by Chapter 125, 2009 General Session
Amended by Chapter 206, 2009 General Session.This section is set out more than once due to postponed, multiple, or conflicting amendments.