Utah
How Long Is a Life Sentence in Utah? (2026 Guide)
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of July 26, 2026. · 8 primary sources cited on this page. How we verify our legal content

In Utah, a life sentence for murder carries an indeterminate term of 15 years to life under Utah Code § 76-5-203, with the Utah Board of Pardons and Parole setting the actual release date. Aggravated murder under § 76-5-202 can result in life without parole, leaving some inmates no possibility of release.
This article was last reviewed and updated on March 17, 2026. All statutes, case law, and sentencing data have been verified against current Utah government sources.
In Utah, a life sentence does not come with a fixed minimum number of years before parole eligibility. Instead, Utah uses an indeterminate sentencing system where the Utah Board of Pardons and Parole has broad authority to set actual release dates for inmates, including those serving life sentences.
This means that a person sentenced to "life" in Utah could theoretically be released after 15 years or could spend the rest of their life in prison. The parole board makes that determination based on the crime, the inmate's behavior, risk assessments, and other factors. In practice, most life-sentenced inmates in Utah serve decades before parole is considered.
Utah has one of the highest rates of life imprisonment in the country. Approximately 35% of its prison population is serving a life sentence, placing it second only to California in this metric. This is partly a function of the state's indeterminate sentencing structure, which classifies a wide range of serious offenses as carrying potential life terms.
Utah Life Sentence Statutes
Utah's criminal code defines homicide offenses and penalties across several key statutes.
Aggravated Murder (Utah Code § 76-5-202): Aggravated murder is the most serious homicide offense in Utah. It includes intentional or knowing murder committed under specific aggravating circumstances, such as murder for hire, murder during a robbery or kidnapping, murder of a law enforcement officer, or murder of a child under 14. Aggravated murder is punishable by death, life without parole, or an indeterminate term of not less than 25 years to life.
Murder (Utah Code § 76-5-203): A person commits murder if they intentionally or knowingly cause the death of another; intend to cause serious bodily injury and commit an act clearly dangerous to human life that causes death; act with depraved indifference to human life, creating a grave risk of death that causes a death; cause a death while committing or fleeing a listed predicate offense such as kidnapping, rape, robbery, burglary, or arson (felony murder); recklessly cause the death of a peace officer or military service member during an assault or while interfering with a lawful arrest; or commit a homicide that would be aggravated murder but is reduced to murder under § 76-5-202. Murder is a first-degree felony punishable by an indeterminate term of 15 years to life.
Sentencing for Capital Felonies (Utah Code § 76-3-206): This statute lists the available sentences for a capital felony: death, life without parole, or an indeterminate term of not less than 25 years that may be for life. The separate penalty-phase proceeding, including aggravating and mitigating circumstances and the standards for imposing death or LWOP, is governed by Utah Code § 76-3-207.
Manslaughter (Utah Code § 76-5-205): A second-degree felony carrying 1 to 15 years. Our guide to Utah manslaughter laws explains how a murder charge can be reduced to manslaughter and how Utah treats negligent homicide and automobile homicide.
Parole Eligibility: The Indeterminate System
Utah's indeterminate sentencing system gives the Board of Pardons and Parole significant discretion over when (and whether) a life-sentenced inmate is released.

Murder (§ 76-5-203): An indeterminate sentence of 15 years to life. The Board of Pardons and Parole may set a release date after the inmate has served 15 years, but there is no guarantee. The board may also determine that the inmate should serve the remainder of their natural life.
Aggravated murder: indeterminate life: An indeterminate sentence of 25 years to life. The board may consider release after 25 years.
Aggravated murder: LWOP: No parole eligibility. The inmate will die in prison unless the conviction is overturned or the governor grants a commutation of sentence.
Utah Board of Pardons and Parole
The Utah Board of Pardons and Parole is a five-member board appointed by the governor with the consent of the Utah Senate. The board has exclusive authority to grant parole, set release dates, and impose conditions of parole for all inmates in the Utah prison system.
Unlike many states where parole eligibility is based on a fixed statutory minimum, Utah's board has the discretion to set release dates based on an individualized assessment. The board considers:
- The nature and severity of the offense
- The inmate's criminal history
- Institutional behavior and program participation
- Risk assessment scores
- Victim impact
- Reentry plan and community support
For life-sentenced inmates, the board typically conducts hearings at regular intervals after the minimum term has been served. If parole is denied, the board schedules a rehearing, which may be years later.
The indeterminate system means that inmates often do not know when they will be released, creating what critics describe as uncertainty that hampers rehabilitation planning.
Prosecutor-Initiated Resentencing (PIR): 2025 Reform
In 2025, Utah became the sixth state, and the first Republican-led state, to adopt Prosecutor-Initiated Resentencing (PIR), enacted as a rule by the Utah Board of Pardons and Parole in partnership with Right On Crime and other justice-reform groups. This was a significant reform to Utah's criminal justice system.
Under PIR, the discretion to seek resentencing belongs solely to the original prosecuting attorney's office, not the inmate, the courts, or an automatic review board. A prosecutor may petition a court to resentence an inmate, including one serving a life sentence, when the office determines that justice or public safety warrants a second look. It is not a periodic, structured review applied automatically at set intervals.
PIR does not guarantee release, but it creates a formal mechanism for prosecutors to reconsider lengthy sentences that may no longer be justified. Advocates have praised the reform as a step toward reducing Utah's high rate of life imprisonment, while critics argue it could lead to premature release of dangerous offenders. California, Washington, Oregon, Illinois, and Minnesota are the other five states that have adopted PIR.
The specifics of how often Utah prosecutors' offices exercise this discretion for life-sentenced inmates are still developing as of March 2026.
Capital Punishment in Utah
Utah retains the death penalty, though it has been used only rarely in the modern era. The state is perhaps best known for its historical association with the firing squad.
Death Row Population
As of March 2026, seven inmates are on Utah's death row, housed at the Utah State Prison. Utah's death row is one of the smaller in the nation.
Execution Methods
Utah's current primary execution method is lethal injection. However, the state's relationship with the firing squad has drawn consistent national attention.
Firing squad history: Utah used the firing squad as an execution method from its territorial days through the modern era. The method was rooted in the doctrine of "blood atonement" associated with early Mormon theology, though the state has long distanced itself from that connection.
2004 and 2015 changes: For defendants sentenced to death on or after May 3, 2004, lethal intravenous injection is the method of execution under Utah Code § 77-18-113. In 2015, the Legislature passed H.B. 11, which made the firing squad the backup method: it is used if the sentencing court determines the state cannot lawfully obtain lethal injection drugs 30 or more days before the date set in the execution warrant.
Current law: Lethal injection is the primary method. The firing squad is used if lethal injection drugs cannot be lawfully obtained in time, if a court holds lethal injection unconstitutional, or if a court holds that a defendant has a preserved right to be executed by firing squad.
Last Execution: Ronnie Lee Gardner (2010)
Ronnie Lee Gardner was executed by firing squad on June 18, 2010, for the 1985 murder of attorney Michael Burdell during a courthouse escape attempt. Gardner had been convicted of another murder in 1984 and was being transported for a hearing when he seized a gun and shot Burdell.
Gardner chose the firing squad over lethal injection. His execution was the last in the United States by firing squad until South Carolina reauthorized the method years later. The execution drew intense media attention, with reporters from around the world traveling to Salt Lake City to cover it.
Five marksmen from law enforcement fired simultaneously at Gardner from behind a wall with small ports. One rifle was loaded with a blank so that no individual shooter could know for certain that they fired the fatal shot.
Notable Cases
Gary Gilmore: First Post-Furman Execution in America (1977)
Utah holds a unique place in death penalty history. On January 17, 1977, Gary Gilmore was executed by firing squad at Utah State Prison: the first execution in the United States after the Supreme Court reinstated the death penalty in Gregg v. Georgia (1976).
Gilmore had been convicted of the 1976 murders of two men during robberies in Provo and Orem. He famously refused to appeal his sentence and demanded that the state carry out the execution, leading to legal battles between his defense team and anti-death-penalty advocates who sought to intervene.
Gilmore's execution and the events surrounding it were the subject of Norman Mailer's Pulitzer Prize-winning book The Executioner's Song (1979).
Ron Lafferty: Death Row Inmate Dies of Natural Causes (2019)
Ron Lafferty was sentenced to death for the 1984 murders of his sister-in-law, Brenda Lafferty, and her 15-month-old daughter, Erica. The murders were committed as part of a religious extremist ideology. Lafferty died of natural causes on death row in November 2019 at age 78, before his execution could be carried out. The case was featured in Jon Krakauer's book Under the Banner of Heaven and a subsequent Hulu series.
Recent Legislative Changes
| Year | Change |
|---|---|
| 2025 | Utah adopts Prosecutor-Initiated Resentencing (PIR); 6th state to do so, 1st Republican-led state |
| 2016 | Life without parole barred for anyone under 18 at the time of the offense who is sentenced on or after May 10, 2016 |
| 2015 | H.B. 11 makes the firing squad the method of execution if lethal injection drugs cannot be lawfully obtained 30 or more days before the execution date |
| 2010 | Last execution: Ronnie Lee Gardner by firing squad |
| 2004 | Lethal injection becomes the method of execution for death sentences imposed on or after May 3, 2004 |
| 1977 | Gary Gilmore executed; first execution in the U.S. after Gregg v. Georgia |
Utah has been gradually modernizing its criminal justice system. The 2025 adoption of PIR represents the most significant sentencing reform in decades. The state has also invested in reentry programs and risk assessment tools, though the fundamental indeterminate sentencing structure remains unchanged.
Juvenile Life Sentences
Utah bans juvenile life without parole (JLWOP) by statute. Under Utah Code § 76-3-209, an individual who was under 18 at the time of the crime may not be sentenced to life without parole, and the maximum punishment is an indeterminate prison term of not less than 25 years. The ban applies to individuals sentenced on or after May 10, 2016, and the capital felony and aggravated murder sentencing statutes (§ 76-3-206 and § 76-3-207.7) carry the same carve-out. U.S. Supreme Court precedent sets the constitutional floor nationwide:
Miller v. Alabama (2012): Mandatory LWOP for juveniles is unconstitutional.
Montgomery v. Louisiana (2016): The Miller rule applies retroactively.
In Utah's indeterminate system, a juvenile convicted of murder would typically receive a sentence of 15 years to life, with the Board of Pardons and Parole determining the actual release date. For aggravated murder, a juvenile sentenced on or after May 10, 2016 cannot receive LWOP; the most severe available sentence is an indeterminate term of not less than 25 years.
Historical Context
Utah's criminal justice history is deeply intertwined with the state's unique cultural and religious heritage.
Territorial period: The Utah Territory was established in 1850, and executions were carried out from the earliest days. The firing squad was the preferred method, with roots in the Mormon concept of blood atonement: the belief that certain sins could only be atoned for by the shedding of the sinner's blood.
Statehood: Utah achieved statehood in 1896. The state continued to use the firing squad alongside hanging as execution methods.
Modern era: In Furman v. Georgia (1972), the Supreme Court held that imposing the death penalty in the Georgia and Texas cases before it was cruel and unusual punishment; the dissenting justices wrote that the ruling struck down the capital punishment laws of 39 states. Gary Gilmore's 1977 execution made Utah the focal point of the national death penalty debate.
Indeterminate sentencing tradition: Utah has used indeterminate sentencing since the early 20th century, reflecting a philosophy that release decisions should be based on individual rehabilitation rather than fixed terms. The Board of Pardons and Parole has wielded significant power throughout this period.
High life-imprisonment rate: Utah's 35% rate of life-sentenced prisoners (as a proportion of its prison population) is unusually high. This is largely a product of the indeterminate system, where many offenses carry potential life terms even if the actual time served may be far less. The broad use of "X years to life" sentences inflates the count of technical lifers.
Utah's total prison population is approximately 6,500 (relatively small compared to other states), but the proportion serving life or indeterminate life sentences is striking.
Utah Life Sentence at a Glance
| Category | Details |
|---|---|
| Life with parole minimum | 15 years (murder); 25 years (aggravated murder) |
| LWOP available | Yes (aggravated murder; not for offenders under 18) |
| Sentencing model | Indeterminate: Board of Pardons and Parole sets release dates |
| Death penalty | Yes (rarely used) |
| Execution methods | Lethal injection; firing squad (backup/pre-2004 sentences) |
| Death row population | 7 (March 2026) |
| Last execution | Ronnie Lee Gardner (June 2010, firing squad) |
| % of prisoners serving life | ~35% (2nd highest rate in nation) |
| JLWOP banned | Yes, by statute (§ 76-3-209), for those sentenced on or after May 10, 2016 |
| Parole board | Utah Board of Pardons and Parole (5 members) |
| Key 2025 reform | Adopted Prosecutor-Initiated Resentencing (PIR) |
Related Pages
- How Long Is a Life Sentence? State-by-State Guide
- Murder Sentencing Guidelines for Every State
- What Is Life Without Parole?
Frequently Asked Questions
How long is a life sentence in Utah?
In Utah, life sentences are indeterminate. For murder, the sentence is 15 years to life, meaning the Utah Board of Pardons and Parole may consider release after 15 years. For aggravated murder, the minimum is 25 years to life. Life without parole (LWOP) is also available for aggravated murder. The actual time served depends entirely on the parole board's decision.
Does Utah still use the firing squad?
Yes, as a backup. Lethal injection is the method of execution for death sentences imposed on or after May 3, 2004, but under a 2015 law the firing squad is used if the state cannot lawfully obtain lethal injection drugs 30 or more days before the execution date. A court can also order the firing squad if lethal injection is held unconstitutional or a defendant has a preserved right to that method. The last firing squad execution was Ronnie Lee Gardner in 2010.
Why does Utah have such a high rate of life-sentenced prisoners?
Approximately 35% of Utah's prison population is serving a life sentence (the second-highest rate in the nation). This is largely because Utah uses indeterminate sentencing, where many serious offenses carry sentences of 'X years to life.' While the actual time served may be far less than a natural life, these sentences are technically classified as life sentences, inflating the count.
What is Prosecutor-Initiated Resentencing (PIR) in Utah?
In 2025, Utah became the sixth state, and the first Republican-led state, to adopt Prosecutor-Initiated Resentencing (PIR). PIR lets the original prosecuting attorney's office petition a court to resentence an inmate, including one serving a life sentence, when the office determines that justice or public safety warrants it. It is initiated solely by prosecutors, not automatically or on a set schedule.
Can a juvenile get life without parole in Utah?
No. Under Utah Code § 76-3-209, an individual who was under 18 at the time of the crime and is sentenced on or after May 10, 2016 may not receive life without parole; the maximum is an indeterminate term of not less than 25 years. Separately, under Miller v. Alabama (2012), mandatory LWOP for juveniles is unconstitutional nationwide. In Utah's indeterminate system, a juvenile convicted of murder would typically receive 15 years to life, with the parole board determining the actual release date.
Updates
Corrected the description of Furman v. Georgia to what the Supreme Court actually decided, removing an unsupported claim that Utah abolished its death penalty following the ruling.
Punctuation restored where an automated edit had produced comma splices.
Corrected the page to reflect that Utah bars life without parole by statute for offenders under 18 sentenced on or after May 10, 2016, fixed the description of the 2004 and 2015 execution-method changes, and clarified the murder definition and which statute governs the capital penalty phase.
Corrected the name and mechanism of Utah's 2025 sentencing reform: it is Prosecutor-Initiated Resentencing, giving prosecutors alone the ability to petition for a resentencing, not an automatic periodic 'Presumptive Incarceration Review' as the page previously described. Also removed a case citation ('State v. Wood,' 2023) whose holding was fabricated; the real 2023 UT 15 case concerns jail phone-call consent, not sentencing.
Independently fact-checked against the cited primary sources
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Utah Code, Title 76: Criminal Offenses
§ 76-5-203Murder -- Penalties-- Affirmative defense and special mitigation -- Separate offenses.In forcecited in 2 of our articles
(1) (a) As used in this section, "predicate offense" means: (i) a clandestine drug lab violation under Section 76-18-506; (ii) aggravated child abuse, under Subsection 76-5-109.2(3)(a), when the abused individual is younger than 18 years old; (iii) child torture under Section 76-5-109.4; (iv) kidnapping under Section 76-5-301; (v) child kidnapping under Section 76-5-301.1; (vi) aggravated kidnapping under Section 76-5-302; (vii) rape under Section 76-5-402; (viii) rape of a child under Section 76-5-402.1; (ix) object rape under Section 76-5-402.2; (x) object rape of a child under Section 76-5-402.3; (xi) forcible sodomy under Section 76-5-403; (xii) sodomy upon a child under Section 76-5-403.1; (xiii) forcible sexual abuse under Section 76-5-404; (xiv) sexual abuse of a child under Section 76-5-404.1; (xv) aggravated sexual abuse of a child under Section 76-5-404.3; (xvi) aggravated sexual assault under Section 76-5-405; (xvii) arson under Section 76-6-102; (xviii) aggravated arson under Section 76-6-103; (xix) burglary under Section 76-6-202; (xx) aggravated burglary under Section 76-6-203; (xxi) robbery under Section 76-6-301; (xxii) aggravated robbery…
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at le.utah.gov
Cited in 163 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Dunn (Utah Supreme Court 1993, 208 Utah Adv. Rep. 100)“…appeals his 1981 jury conviction for second degree murder, Utah Code Ann. § 76-5-203 (1978 & Supp.1979) (amended 1986), and…”
- State v. Bishop (Utah Supreme Court 1988, 75 Utah Adv. Rep. 9)“…s” at his trial is also without legal merit. . See Utah Code Ann. § 76-5-203 (1)(c) (Supp.1983) (amended 1986).…”
- State v. Tillman (Utah Supreme Court 1987, 72 Utah Adv. Rep. 6)“…at similar to our second degree murder statute codified in Utah Code Ann. § 76-5-203 (1)(d) (1978 & Supp. 1987). [84] Uta…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Utah Manslaughter and Automobile Homicide Laws (2026)
§ 76-5-202Aggravated murder -- Penalties -- Affirmative defense and special mitigation -- Separate offense.In force
(1) (a) As used in this section: (i) "Correctional officer" means the same as that term is defined in Section 53-13-104. (ii) "Emergency responder" means the same as that term is defined in Section 53-2b-102. (iii) "Federal officer" means the same as that term is defined in Section 53-13-106. (iv) "Law enforcement officer" means the same as that term is defined in Section 53-13-103. (v) "Peace officer" means: (A) a correctional officer, federal officer, law enforcement officer, or special function officer; or (B) any other person who may exercise peace officer authority in accordance with Title 53, Chapter 13, Peace Officer Classifications. (vi) "Special function officer" means the same as that term is defined in Section 53-13-105. (vii) "Target a law enforcement officer" means an act: (A) involving the unlawful use of force and violence against a law enforcement officer; (B) that causes serious bodily injury or death; and (C) that is in furtherance of political or social objectives in order to intimidate or coerce a civilian population or to influence or affect the conduct of a government or a unit of government.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 119 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Menzies (Utah Supreme Court 1994, 235 Utah Adv. Rep. 23)“…charged with first degree murder, a capital offense. See Utah Code Ann. § 76-5-202 . [2] After the charges were filed, Wa…”
- State v. Tillman (Utah Supreme Court 1987, 72 Utah Adv. Rep. 6)“…aggravating circumstances found in the original version of Utah Code Ann. § 76-5-202 are quite similar to the aggravating c…”
- State v. James (Utah Supreme Court 1991, 171 Utah Adv. Rep. 12)“…st Degree Murder Defendant’s second contention is that Utah Code Ann. § 76-5-202 (l)(h) was incorrectly applied to his c…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 76-3-206Capital felony -- Penalties.In force
(1) An individual who has pled guilty to or been convicted of a capital felony shall be sentenced in accordance with this section and Section 76-3-207. (2) (a) If the individual described in Subsection (1) was 18 years old or older at the time the offense was committed, the sentence shall be: (i) death; (ii) an indeterminate prison term of not less than 25 years and that may be for life; or (iii) on or after April 27, 1992, life in prison without parole. (b) Subsections (2)(a)(i) and (2)(a)(iii) do not apply if the individual was under 18 years old at the time the offense was committed and was sentenced on or after May 10, 2016.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 17 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- State v. Tillman (Utah Supreme Court 1987, 72 Utah Adv. Rep. 6)“…hile this Court continues to review such cases pursuant to Utah Code Ann. § 76-3-206 (2) *552 (1978) [7] and § 76-3-207(4…”
- State v. Honie (Utah Supreme Court 2002, 438 Utah Adv. Rep. 39)“…rder and defining aggravated murder as a capital offense); Utah Code Ann. § 76-3-206 (1999) (amended 2001) (declaring that…”
- State v. Gardner (Utah Supreme Court 1997, 327 Utah Adv. Rep. 13)“…n. 23, 96 S.Ct. at 2928 & n. 23 (citing, among others, Utah Code Ann. §§ 76-3-206 , -3-207, and - 5-202 (Supp.1975)). The…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 76-3-207.7First degree felony aggravated murder -- Noncapital felony -- Penalties -- Sentenced by court.In force
(1) A person who has pled guilty to or been convicted of first degree felony aggravated murder under Section 76-5-202 shall be sentenced by the court. (2) (a) The sentence under this section shall be: (i) life in prison without parole; or (ii) an indeterminate prison term of not less than 25 years and that may be for life. (b) Subsection (2)(a)(i) does not apply if the person was younger than 18 years of age at the time the offense was committed and was sentenced on or after May 10, 2016.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 9 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Perea (Utah Supreme Court 2013, 747 Utah Adv. Rep. 10)“…ive error and requires reversal. Mr. Perea also argues that Utah Code section 76-3-207.7, which provides the sentencing scheme f…”
- State v. Met (Utah Supreme Court 2016, 2016 UT 51)“…of Utah‘s noncapital aggravated murder sentencing statute, Utah Code section 76-3-207.7. He contends that the district court im…”
- State v. Reece (Utah Supreme Court 2015, 2015 UT 45)“…ejected in Perea—he maintains that the statute is 136 UTAH CODE § 76-3-207.7(2). 137 2013 UT 68, ¶ 110. 138…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 76-3-209Limitation on sentencing for crimes committed by juveniles.In force
(1) As used in this section: (a) "Qualifying sexual offense" means an offense described in Chapter 5, Part 4, Sexual Offenses. (b) "Qualifying sexual offense" does not include enticing a minor as described in Section 76-5-417. (2) (a) This Subsection (2) only applies prospectively to an individual sentenced on or after May 10, 2016. (b) Notwithstanding any provision of law, an individual may not be sentenced to life without parole if: (i) the individual is convicted of a crime punishable by life without parole; and (ii) at the time the individual committed the crime, the individual was under 18 years old. (c) The maximum punishment that may be imposed on an individual described in Subsection (2)(b) is an indeterminate prison term of not less than 25 years and that may be for life.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- State v. Salazar-Lopez (Court of Appeals of Utah 2024, 548 P.3d 929)“…in Title 77, Chapter 41, Sex and Kidnap Offender Registry.” Utah Code § 76-3-209(3) (2022). 1 1. Utah Code section 76-…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 76-5-205Manslaughter.In forcecited in 2 of our articles
(1) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits manslaughter if the actor: (a) recklessly causes the death of another individual; or (b) commits a homicide which would be murder, but the offense is reduced in accordance with Subsection 76-5-203(4). (3) A violation of Subsection (2) is a second degree felony. (4) (a) In addition to the penalty described under this section or any other section, an actor who is convicted of violating this section shall have the actor's driver license revoked under Section 53-3-220 if the death of another individual results from driving a motor vehicle. (b) The court shall forward the report of the conviction resulting from driving a motor vehicle to the Driver License Division in accordance with Section 53-3-218.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 46 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Bishop (Utah Supreme Court 1988, 75 Utah Adv. Rep. 9)“…58 S.Ct. 1019, 1023 , 82 L.Ed. 1461 (1938)). . Utah Code Ann. § 76-5-205 (1)(b) (1978) (amended 1985). .…”
- LDS Hospital, a Division of Intermountain Health Care, Inc. v. Capitol Life Insurance Co. (Utah Supreme Court 1988, 94 Utah Adv. Rep. 16)“…eaded guilty to manslaughter pursuant to the provisions of Utah Code Ann. § 76-5-205 (1978) (amended 1985). Prior to trial…”
- State v. Standiford (Utah Supreme Court 1988, 98 Utah Adv. Rep. 43)“…753 P.2d 439, 467-72 (Utah 1988) (proper construction of Utah Code Ann. § 76-5-205 (l)(b) (1978 and Supp.1988).…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 76-3-207Capital felony -- Sentencing proceeding -- Appeals.In force
(1) (a) When a defendant has pled guilty to or been found guilty of a capital felony, a further proceeding shall be conducted on the issue of the defendant's sentence for the capital felony. (b) When a defendant has pled guilty to a capital felony, the sentencing proceeding described in Subsection (1)(a) is conducted before: (i) a jury; or (ii) upon request of the defendant and with the approval of the court and the consent of the prosecution, the court that accepted the plea. (c) (i) When a defendant has been found guilty of a capital felony, the sentencing proceeding described in Subsection (1)(a) is conducted before: (A) the jury that found the defendant guilty; or (B) the court upon a waiver by the defendant of the sentencing proceeding being conducted before a jury, with approval of the court and the consent of the prosecution. (ii) If circumstances make it impossible or impractical to continue with the same jury for the sentencing proceeding, the court may dismiss that jury and convene a new jury for the proceeding.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 64 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Lafferty (Utah Supreme Court 1988, 73 Utah Adv. Rep. 57)“…the defendant’s character, background, [and] his-tory_” Utah Code Ann. § 76-3-207 (2) (Supp.1987). It is clear from this…”
- State v. Tillman (Utah Supreme Court 1987, 72 Utah Adv. Rep. 6)“…reasons of fairness, but also by reason of the language of Utah Code Ann. § 76-3-207 (3) (Supp.1987): “In all proceedings be…”
- Parsons v. Barnes (Utah Supreme Court 1994, 230 Utah Adv. Rep. 3)“…t facts in aggravation or mitigation of the penalty. See Utah Code Ann. § 76-3-207 (2). Inclusion in section 76-5-202 is n…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Utah Code, Title 77: Criminal Procedure
§ 77-18-113Judgment of death -- Method is lethal injection -- Exceptions for use of firing squad.In force
(1) (a) When a defendant is convicted of a capital felony and the judgment of death has been imposed, lethal intravenous injection is the method of execution. (b) Subsection (1)(a) applies to any defendant sentenced to death on or after May 3, 2004, except under Subsections (2), (3), and (4). (2) (a) If a court holds that a defendant has a right to be executed by a firing squad, the method of execution for that defendant shall be a firing squad. (b) This Subsection (2) applies to any defendant whose right to be executed by a firing squad is preserved by that judgment. (3) (a) If a court holds that execution by lethal injection is unconstitutional on its face, the method of execution shall be a firing squad. (b) If a court holds that execution by lethal injection is unconstitutional as applied, the method of execution for that defendant shall be a firing squad.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Sources and References
- Utah Board of Pardons and Parole(bop.utah.gov).gov
- Utah Code § 76-5-202(le.utah.gov).gov
- Utah Code § 76-5-203(le.utah.gov).gov
- Utah Code § 76-3-206(le.utah.gov).gov
- Utah Code § 76-5-205(le.utah.gov).gov
- Utah State Prison(corrections.utah.gov).gov
- Miller v. Alabama(law.cornell.edu).gov
- Montgomery v. Louisiana(law.cornell.edu).gov
- Right On Crime: Utah Becomes First Republican-Led State to Allow Prosecutor-Initiated Resentencing(rightoncrime.com)
- Utah Code § 76-3-209 (Limitation on sentencing for crimes committed by juveniles)(le.utah.gov)
- Utah Code § 76-3-207 (Capital felony sentencing proceeding)(le.utah.gov)
- Utah Code § 77-18-113 (Method of execution)(le.utah.gov)
- Utah H.B. 11 (2015), Death Penalty Procedure Amendments(le.utah.gov)