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Utah · Through 2026 General Session

Utah Code § 39A-5-223: Vote necessary for conviction or other questions -- Tie votes.

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Where this section sits in the code
  1. Title 39A National Guard and Militia Act
  2. Chapter 39A-5 Utah Code of Military Justice
  3. Part 39A-5-2 Military Courts

(1) The accused may not be convicted of any offense except by a unanimous verdict of the members of the court present at the time the vote is taken.

(2) All other questions decided by the members of a military court are determined by a majority vote. A determination to reconsider a finding of guilty, to reconsider a sentence, or to decrease a sentence, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence.

(3)

(a) A tie vote on a challenge disqualifies the member challenged.

(b) A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity is a determination against the accused.

(c) A tie vote on any other question is a determination in favor of the accused.

Collected 2026-09-03T11:34:33Z. Source file · JSON

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