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Utah · Through 2026 General Session

Utah Code § 76-2-306: Voluntary intoxication.

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Where this section sits in the code
  1. Title 76 Criminal Offenses
  2. Chapter 76-2 Principles of Criminal Responsibility
  3. Part 76-2-3 Defenses to Criminal Responsibility

(1) Voluntary intoxication is not a defense to a criminal charge unless such intoxication negates the existence of the mental state which is an element of the offense. If recklessness or criminal negligence establishes an element of an offense and the actor is unaware of the risk because of voluntary intoxication, his unawareness is immaterial in a prosecution for that offense.

(2) Voluntary intoxication is not a defense to sexual offenses, as described in Title 76, Chapter 5, Part 4, Sexual Offenses, other than Section 76-5-417, 76-5-418, 76-5-419, or 76-5-420.

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

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