Utah
Utah Manslaughter and Automobile Homicide Laws (2026)
Independently fact-checked against primary sources (last audited October 18, 2026). · 24 primary sources cited on this page. How we verify our legal content
Utah has one offense named manslaughter: under Utah Code 76-5-205, an actor commits manslaughter by recklessly causing the death of another individual, or by committing a homicide that would be murder but is reduced to manslaughter under the murder statute. It is a second degree felony, punishable by 1 to 15 years (76-3-203(2)), while a death caused with criminal negligence is negligent homicide, a class A misdemeanor (76-5-206).
Drunk- and drugged-driving deaths are a separate felony, automobile homicide (76-5-207), which carries a term of 5 to 15 years. For other states, see our guide to manslaughter laws by state.
Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers the Utah criminal statutes on homicide below murder: manslaughter (Utah Code 76-5-205) and the murder reductions that lead to it (76-5-203, 76-5-205.5), negligent homicide (76-5-206), automobile homicide (76-5-207 and 76-5-207.5), child abuse homicide (76-5-208), homicide by assault (76-5-209), fleeing an officer causing death (41-6a-210), leaving the scene of a fatal accident (41-6a-401.3), and the sentencing provisions that apply to them. It does not cover aggravated murder or murder (see how long a life sentence is in Utah and our overview of murder sentencing), self-defense and justification (see Utah self-defense laws), civil lawsuits over a death (see Utah wrongful death law), or federal manslaughter, which our manslaughter laws hub covers.
What is manslaughter in Utah?
Utah groups its killing offenses under one heading. Under 76-5-201(2), "The following are criminal homicide: (a) aggravated murder; (b) murder; (c) manslaughter; (d) child abuse homicide; (e) homicide by assault; (f) negligent homicide; and (g) automobile homicide." Each has its own statute. Criminal homicide means an act causing the death of another human being, "including an unborn child at any stage of the unborn child's development" (76-5-201(1)(a)(ii)). It does not apply to the death of an unborn child caused by an abortion, to a death whose sole reason is that the actor refused consent to medical treatment or a cesarean section or failed to follow medical advice, or to a woman whose criminally negligent or reckless (not intentional or knowing) act causes the death of her own unborn child (76-5-201(3)).
The manslaughter statute itself is short:
"(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." (Utah Code 76-5-205)
Subsection (4)(a) adds that a person convicted of manslaughter "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."
Utah does not divide manslaughter into voluntary and involuntary forms. What other states call voluntary manslaughter reaches a manslaughter conviction in Utah through the murder statute's reduction provisions, described below. A reckless killing is manslaughter directly, and a death caused with criminal negligence is the separate, lower offense of negligent homicide.
Manslaughter offenses and penalties in Utah
| Offense | Statute | What it requires | Class | Statutory penalty |
|---|---|---|---|---|
| Manslaughter | Utah Code 76-5-205(2) | Recklessly causing the death of another individual, or a homicide that would be murder but is reduced under 76-5-203 | Second degree felony | 1 to 15 years; fine up to $10,000; licence revoked if the death results from driving a motor vehicle |
| Negligent homicide | 76-5-206(2) | Acting with criminal negligence, causing the death of another individual | Class A misdemeanor | Up to 1 year; fine up to $2,500; licence revoked if the death results from driving a motor vehicle |
| Automobile homicide, impaired | 76-5-207(2)(a) | Operating a vehicle in a negligent or criminally negligent manner causing death while at .05 grams blood or breath alcohol or higher, or under the influence of alcohol or any drug to a degree that renders the actor incapable of safely operating a vehicle | Second degree felony | 5 to 15 years (3 to 15 if the court details on the record why it is in the interest of justice); fine up to $10,000 |
| Automobile homicide, controlled substance | 76-5-207(2)(b) | Operating a vehicle in a criminally negligent manner causing death while having any measurable amount of a controlled substance in the body, unless an exception in 76-5-207(4) applies (for example, a substance obtained under a valid prescription) | Second degree felony | 5 to 15 years (3 to 15 on the same on-record finding) |
| Automobile homicide, handheld device | 76-5-207.5(2) | Operating a moving motor vehicle in a negligent manner while using a wireless communication device in violation of 41-6a-1716, causing death | Third degree felony; second degree felony if criminally negligent | Third degree: up to 5 years, fine up to $5,000; second degree: 1 to 15 years, fine up to $10,000 |
| Child abuse homicide | 76-5-208 | Causing the death of an individual younger than 18 where the death results from child abuse, with the mental state and abuse statute listed in 76-5-208(2)(b) | First degree felony (reckless aggravated child abuse); otherwise second degree felony | First degree: 5 years to life; second degree: 1 to 15 years; fine up to $10,000 |
| Fleeing an officer causing death | 41-6a-210(2) | After a law enforcement officer's visual or audible signal to stop, operating in willful or wanton disregard of the signal or attempting to flee or elude, and causing death or serious bodily injury, under circumstances not amounting to murder or aggravated murder | Second degree felony | 1 to 15 years; fine of not less than $5,000; one-year licence revocation |
| Leaving the scene of an accident resulting in death | 41-6a-401.3(4)(c)(iii) | Violating the duty to stop and remain at the scene where the accident results in the death of an individual (conduct on or after July 1, 2026) | Second degree felony | 1 to 15 years; fine up to $10,000; a separate offense for each victim |
| Homicide by assault | 76-5-209 | Causing death while intentionally or knowingly attempting, with unlawful force or violence, to do bodily injury to the other individual, under circumstances not amounting to aggravated murder, murder or manslaughter | Third degree felony | Up to 5 years; fine up to $5,000 |
The prison terms come from Utah's general sentencing provisions. Under 76-3-203, a second degree felony carries a term "of not less than one year nor more than 15 years" and a third degree felony a term "not to exceed five years," in each case "unless the statute provides otherwise." Automobile homicide is one of the statutes that provides otherwise, with its own 5-to-15-year term. A class A misdemeanor under Title 76, Chapter 5 carries a term not exceeding one year (76-3-204(1)(b)(i)), subject to an exception in (1)(b)(ii). The fine limits are $10,000 for a first or second degree felony, $5,000 for a third degree felony and $2,500 for a class A misdemeanor (76-3-301(1)). For how the classes compare, see how Utah sentences each felony class.
When murder is reduced to manslaughter
Utah's murder statute contains two routes by which a jury's murder finding becomes a manslaughter conviction.
Special mitigation. Under 76-5-203(3)(b), if the trier of fact finds the elements of murder 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" for manslaughter (or attempted manslaughter, for attempted murder).
Section 76-5-205.5 defines the provocation form of special mitigation. "Extreme emotional distress" means "an overwhelming reaction of anger, shock, or grief that: (I) causes the defendant to be incapable of reflection and restraint; and (II) would cause an objectively reasonable person to be incapable of reflection and restraint." Special mitigation exists when a defendant causes a death "under the influence of extreme emotional distress that is predominantly caused by the victim's highly provoking act immediately preceding the defendant's actions," except as provided in subsection (4):
"(4) A defendant may not claim special mitigation under Subsection (2)(b) if: (a) the time period after the victim's highly provoking act and before the defendant's actions was long enough for an objectively reasonable person to have recovered from the extreme emotional distress; (b) the defendant responded to the victim's highly provoking act by inflicting serious or substantial bodily injury on the victim over a prolonged period, or by inflicting torture on the victim, regardless of whether the victim was conscious during the infliction of serious or substantial bodily injury or torture; or (c) the victim's highly provoking act, described in Subsection (2)(b), is comprised of words alone." (Utah Code 76-5-205.5(4))
The three exclusions in subsection (4) are time to recover, a prolonged or torturous response, and provocation by words alone. None of them refers to the victim's sexual orientation or gender identity.
Reasonable belief in a justification. Under 76-5-203(4)(a), it is an affirmative defense to murder that the defendant caused the death "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." If the trier of fact finds the elements of murder 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 enters a conviction for manslaughter (76-5-203(4)(c)). This is the subsection the manslaughter statute cross-references in 76-5-205(2)(b).
Full self-defense, which is a complete defense rather than a reduction, is covered in Utah self-defense laws.
Reckless manslaughter and negligent homicide: the mental states
The line between a second degree felony and a class A misdemeanor is whether the person was aware of the risk. Utah's general definitions in 76-2-103 provide that a person acts:
"(3) Recklessly with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint. (4) With criminal negligence or is criminally negligent with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise in all the circumstances as viewed from the actor's standpoint." (Utah Code 76-2-103)
Negligent homicide applies where "the actor, acting with criminal negligence, causes the death of another individual" (76-5-206(2)). It is a class A misdemeanor (76-5-206(3)), and under 76-5-206(4)(a) the defendant's driver licence is revoked "if the death of another individual results from driving a motor vehicle."
Automobile homicide: Utah's vehicular manslaughter and DUI death law
Utah does not use the names vehicular manslaughter or DUI manslaughter. A death caused by an impaired driver is automobile homicide, which 76-5-207(2) defines this way:
"(2) An actor commits automobile homicide if the actor: (a)(i) operates a vehicle in a negligent or criminally negligent manner causing the death of another individual; and (ii)(A) has sufficient alcohol in the actor's body such that a subsequent chemical test shows that the actor has a blood or breath alcohol concentration of .05 grams or greater at the time of the test; (B) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the actor incapable of safely operating a vehicle; or (C) has a blood or breath alcohol concentration of .05 grams or greater at the time of operation; or (b)(i) operates a vehicle in a criminally negligent manner causing death to another; and (ii) has in the actor's body any measurable amount of a controlled substance." (Utah Code 76-5-207(2))
The impaired form in (2)(a) can rest on negligent or criminally negligent driving. The controlled-substance form in (2)(b) requires criminally negligent driving.
For automobile homicide, "vehicle" has the meaning in the DUI statute, which includes an off-highway vehicle and a motorboat (76-5-207(1)(a)(v); 41-6a-501(1)), so an impaired boating death falls under 76-5-207. For the handheld-device form, "motor vehicle" means any self-propelled vehicle, including a train, watercraft or aircraft (76-5-207.5(1)(a)(ii)).
Exceptions to the controlled-substance form. The controlled-substance form does not apply if the substance was obtained under a valid prescription or order, directly from a practitioner acting in the course of professional practice, or as otherwise authorized by Title 58; if it is the metabolite 11-nor-9-carboxy-tetrahydrocannabinol; or if it was administered to the actor by a licensed medical researcher in authorized medical research (76-5-207(4)).
Penalty. An actor who violates subsection (2) is guilty of "a second degree felony, punishable by a term of imprisonment of not less than five years nor more than 15 years," and of "a separate offense for each victim suffering death" (76-5-207(3)). The statute adds further sentencing rules:
- The court may impose a sentence of not less than three years nor more than 15 years "if the court details on the record why it is in the interest of justice" (76-5-207(7)).
- "The judge may not impose a lesser sentence than would be required for a conviction based on the defendant's history under Section 41-6a-505" (76-5-207(5)(b)).
- If the court finds it is in the interest of justice to suspend the imposition of prison, it must detail the finding on the record, including why a suspended prison sentence is in the interest of justice (76-5-207(6)).
- A guilty or no contest plea to automobile homicide "may not be held in abeyance" (76-5-207(5)(g)).
- The judge must designate the defendant an interdicted person, as defined in 32B-1-102, for a period not to exceed the probationary period unless the court finds good cause to order a shorter or longer time, and must require the person to surrender the person's Utah identification card or driver license to the Driver License Division (76-5-207(8)).
Handheld devices. Under 76-5-207.5(2), an actor also commits automobile homicide by operating a moving motor vehicle in a negligent manner, while using a wireless communication device in violation of 41-6a-1716, and causing the death of another individual. That is a third degree felony, or a second degree felony "if the actor operated the moving motor vehicle in a criminally negligent manner" (76-5-207.5(3)).
Other driving deaths. A death caused by reckless driving without impairment can be charged as manslaughter (76-5-205(2)(a)), and one caused with criminal negligence as negligent homicide (76-5-206).
Fleeing an officer. An operator who receives a visual or audible signal from a law enforcement officer to stop may not operate the vehicle in willful or wanton disregard of the signal so as to interfere with or endanger any vehicle or person, or knowingly or intentionally attempt to flee or elude the officer. An operator who does so and causes death or serious bodily injury to another person, under circumstances not amounting to murder or aggravated murder, is guilty of a second degree felony, and the court must impose a fine of not less than $5,000; the driver licence is revoked for one year (41-6a-210(2), (3)).
Licence revocation. The Driver License Division "shall revoke the license or endorsement of a person upon receiving a record of the person's conviction for: (i) manslaughter or negligent homicide resulting from driving a motor vehicle, automobile homicide under Section 76-5-207, or automobile homicide involving using a handheld wireless communication device while driving under Section 76-5-207.5" (53-3-220(1)(a)(i)).
Leaving the scene. An operator who has reason to believe they may have been involved in an accident resulting in injury to an individual must immediately stop at or as close as possible to the scene and remain there until the requirements of 41-6a-401.7 are fulfilled (41-6a-401.3(2)). Since July 1, 2026 (H.B. 423, 2026 General Session), a violation where the accident results in the death of an individual is a second degree felony, and the operator is guilty of a separate offense for each victim who suffers injury or death (41-6a-401.3(4)(c)(iii), (8)). Before that date, failing to stop at an accident involving death was charged under 41-6a-401.5, which H.B. 423 repealed. For more on a driver's duties after a crash, see Utah hit-and-run laws. For DUI penalties where no one dies, see Utah DUI laws.
Other homicide offenses below murder
Homicide by assault. Under 76-5-209, an actor commits homicide by assault if, "under circumstances not amounting to aggravated murder, murder, or manslaughter," the actor causes the death of another individual "while intentionally or knowingly attempting, with unlawful force or violence, to do bodily injury to the other individual." It is a third degree felony.
Child abuse homicide. Under 76-5-208, unless the violation amounts to aggravated murder, an actor commits child abuse homicide by causing the death of an individual younger than 18 where the death results from child abuse. It is a first degree felony when the child abuse is aggravated child abuse done recklessly (76-5-109.2(3)(b)), and a second degree felony when the aggravated child abuse is done with criminal negligence (76-5-109.2(3)(c)) or when, in other circumstances, the death results from child abuse under 76-5-109(3)(a), (b) or (c) done intentionally, knowingly, recklessly or with criminal negligence (76-5-208(3)). Laws of Utah 2026, ch. 248 amended the section, effective March 23, 2026.
Drug deaths. The criminal homicide list in 76-5-201(2) contains no offense for causing a death by distributing a controlled substance.
Other offenses graded by a resulting death.
- Aiding or encouraging suicide, 76-5-211 (since May 6, 2026; the aiding form was previously part of the manslaughter statute): second degree felony with a mandatory fine of not less than $10,000.
- Endangerment of a child or vulnerable adult by exposure to a controlled substance, chemical substance or drug paraphernalia, where the child or vulnerable adult dies as a result, 76-5-112.5: first degree felony.
Recent changes
- March 23, 2026: Laws of Utah 2026, ch. 248 amended child abuse homicide, 76-5-208.
- May 6, 2026: H.B. 221, Coercion Amendments (Laws of Utah 2026, ch. 330), took effect. It moved the aiding-suicide language that had been part of the manslaughter statute into a new offense, aiding or encouraging suicide (76-5-211), and added new elements of encouraging suicide in certain circumstances. The current 76-5-205 contains only the reckless and reduced-murder forms.
- July 1, 2026: H.B. 423, Hit and Run and DUI Offense Amendments (2026 General Session), took effect. It rewrote the penalties in 41-6a-401.3, making a violation where the accident results in the death of an individual a second degree felony, and repealed the separate death statute, 41-6a-401.5.
- July 1, 2026: S.B. 323, the Criminal and Juvenile Justice Recodification (Laws of Utah 2026, ch. 291), took effect and amended 76-5-207 as part of a recodification; the section numbers cited on this page did not change.
Federal manslaughter
Federal law, 18 U.S.C. 1112, separately defines manslaughter for killings within the special maritime and territorial jurisdiction of the United States; our manslaughter laws hub covers it.
Related
- Manslaughter laws by state
- Utah felony and misdemeanor classes
- Utah DUI laws
- Utah hit-and-run laws
- The difference between murder, homicide and manslaughter
- Arizona manslaughter laws
This article provides general legal information about Utah law as of 2026-10-17. It is not legal advice. For a specific situation, contact a lawyer licensed in Utah.
Last updated: 2026-10-17.
Frequently Asked Questions
Is manslaughter a felony in Utah?
Yes. Manslaughter is a second degree felony (Utah Code 76-5-205(3)), punishable by 1 to 15 years (76-3-203(2)). Negligent homicide, the offense for a death caused with criminal negligence, is a class A misdemeanor (76-5-206(3)).
How much time do you get for manslaughter in Utah?
The second degree felony term is not less than one year nor more than 15 years (76-3-203(2)), with a fine of up to $10,000 (76-3-301(1)(a)). If the death resulted from driving a motor vehicle, the person's driver licence is also revoked (76-5-205(4)(a)).
What is the difference between voluntary and involuntary manslaughter in Utah?
Utah does not use those labels. Its single manslaughter offense covers a reckless killing and a murder reduced to manslaughter by special mitigation or the reasonable-belief defense (76-5-205(2), 76-5-203(3)(b) and (4)). A death caused with criminal negligence is the separate offense of negligent homicide (76-5-206).
What is automobile homicide in Utah?
It is operating a vehicle in a negligent or criminally negligent manner causing a death while at .05 grams blood or breath alcohol or higher or impaired by alcohol or drugs to a degree that renders the actor incapable of safely operating a vehicle, or operating in a criminally negligent manner causing death with any measurable controlled substance in the body (76-5-207(2)), subject to exceptions in 76-5-207(4) for the controlled-substance form, such as a substance obtained under a valid prescription. It is a second degree felony with a term of 5 to 15 years.
Is there a mandatory minimum for automobile homicide in Utah?
Under 76-5-207(3), the term is not less than five years nor more than 15 years. Under 76-5-207(7), the court may instead impose 3 to 15 years if it details on the record why that is in the interest of justice, and under (5)(b) the judge may not impose a lesser sentence than the defendant's DUI history under 41-6a-505 would require.
What is extreme emotional distress in Utah?
Utah Code 76-5-205.5 defines it as an overwhelming reaction of anger, shock or grief that causes the defendant to be incapable of reflection and restraint and would cause an objectively reasonable person to be incapable of reflection and restraint. When it is predominantly caused by the victim's highly provoking act immediately preceding the defendant's actions, it is special mitigation, subject to the exclusions in 76-5-205.5(4).
What is homicide by assault in Utah?
Under 76-5-209, it is causing another individual's death while intentionally or knowingly attempting, with unlawful force or violence, to do bodily injury to that individual, under circumstances not amounting to aggravated murder, murder or manslaughter. It is a third degree felony, punishable by up to 5 years.
Updates
Independently fact-checked against the cited primary sources
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
§ 76-5-205Manslaughter.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.
Also relied on in: How Long Is a Life Sentence in Utah? (2026 Guide)
§ 76-5-207Automobile homicide -- Penalties -- Evidence.In forcecited in 2 of our articles
(1) (a) As used in this section: (i) "Controlled substance" means the same as that term is defined in Section 58-37-101. (ii) "Criminally negligent" means the same as that term is described in Subsection 76-2-103(4). (iii) "Drug" means: (A) a controlled substance; (B) a drug as defined in Section 58-37-101; or (C) a substance that, when knowingly, intentionally, or recklessly taken into the human body, can impair the ability of an individual to safely operate a vehicle. (iv) "Negligent" or "negligence" means simple negligence, the failure to exercise that degree of care that reasonable and prudent persons exercise under like or similar circumstances. (v) "Vehicle" means the same as that term is defined in Section 41-6a-501. (b) Terms defined in Section 76-1-101.5 apply to this section.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 14 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Perez-Avila (Court of Appeals of Utah 2006, 546 Utah Adv. Rep. 15)“…unts of automobile homicide, second degree felonies, see Utah Code Ann. § 76-5-207 (Supp.2005); driving under the influen…”
- State v. MacGuire (Utah Supreme Court 2004, 491 Utah Adv. Rep. 41)“…ide constitutes the specific crime of automobile homicide. Utah Code Ann. § 76-5-207 (1)(a), (2)(a) (1999). [1] The disse…”
- State v. Wight (Court of Appeals of Utah 1988, 97 Utah Adv. Rep. 27)“…t appeals his jury conviction of automobile homicide under Utah Code Ann. § 76-5-207 (1)(a) (1985). Wight asserts the trial…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Utah Hit and Run Laws: Penalties and What to Do
§ 76-5-206Negligent homicide -- Penalties.In force
(1) Definitions of terms in Section 76-1-101.5 apply to this section. (2) An actor commits negligent homicide if the actor, acting with criminal negligence, causes the death of another individual. (3) A violation of Subsection (2) is a class A misdemeanor. (4) (a) In addition to the penalty provided under this section or any other section, a defendant who is convicted of violating this section shall have the defendant'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 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
§ 76-5-205.5Special mitigation for mental condition or provocation -- Burden of proof -- Charge reduction.In force
(1) (a) As used in this section: (i) (A) "Extreme emotional distress" means an overwhelming reaction of anger, shock, or grief that: (I) causes the defendant to be incapable of reflection and restraint; and (II) would cause an objectively reasonable person to be incapable of reflection and restraint. (B) "Extreme emotional distress" does not include: (I) a condition resulting from a mental condition; or (II) distress that is substantially caused by the defendant's own conduct. (ii) "Mental condition" means the same as that term is defined in Section 76-2-305. (b) The terms defined in Section 76-1-101.5 apply to this section.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
§ 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.
§ 76-5-207.5Automobile homicide involving a handheld wireless communication device while driving.In force
(1) (a) As used in this section: (i) "Criminally negligent" means the same as that term is described in Subsection 76-2-103(4). (ii) "Motor vehicle" means any self-propelled vehicle, including an automobile, truck, van, motorcycle, train, engine, watercraft, or aircraft. (iii) "Negligent" means the failure to exercise the degree of care that a reasonable and prudent person exercises under similar circumstances. (iv) "Wireless communication device" means the same as that term is defined in Section 41-6a-1716. (b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits automobile homicide if the actor: (a) operates a moving motor vehicle in a negligent manner; (b) while using a wireless communication device in violation of Section 41-6a-1716; and (c) causes the death of another individual. (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third degree felony. (b) A violation of Subsection (2) is a second degree felony if the actor operated the moving motor vehicle in a criminally negligent manner.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
§ 76-5-201Criminal homicide -- Designations of offenses -- Exceptions -- Application of consensual altercation defense.In force
(1) (a) As used in this section: (i) "Abortion" means the same as that term is defined in Section 76-7-301. (ii) "Criminal homicide" means an act causing the death of another human being, including an unborn child at any stage of the unborn child's development. (b) The terms defined in Section 76-1-101.5 apply to this section. (2) The following are criminal homicide: (a) aggravated murder; (b) murder; (c) manslaughter; (d) child abuse homicide; (e) homicide by assault; (f) negligent homicide; and (g) automobile homicide. (3) Notwithstanding Subsection (2), an actor is not guilty of criminal homicide if: (a) the death of an unborn child is caused by an abortion; (b) the sole reason for the death of an unborn child is that the actor: (i) refused to consent to: (A) medical treatment; or (B) a cesarean section; or (ii) failed to follow medical advice; or (c) a woman causes the death of her own unborn child, and the death: (i) is caused by a criminally negligent act or reckless act of the woman; and (ii) is not caused by an intentional or knowing act of the woman.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
§ 76-5-209Homicide by assault -- Penalty.In force
(1) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits homicide by assault if, under circumstances not amounting to aggravated murder, murder, or manslaughter: (a) the actor causes the death of another individual; and (b) the actor causes the other individual's death while intentionally or knowingly attempting, with unlawful force or violence, to do bodily injury to the other individual. (3) Homicide by assault is a third degree felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
§ 76-2-103Definitions.In force
A person engages in conduct: (1) Intentionally, or with intent or willfully with respect to the nature of his conduct or to a result of his conduct, when it is his conscious objective or desire to engage in the conduct or cause the result. (2) Knowingly, or with knowledge, with respect to his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or the existing circumstances. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result. (3) Recklessly with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
§ 76-3-203Felony conviction -- Indeterminate term of imprisonment.In forcecited in 8 of our articles
A person who has been convicted of a felony may be sentenced to imprisonment for an indeterminate term as follows: (1) In the case of a felony of the first degree, unless the statute provides otherwise, for a term of not less than five years and which may be for life. (2) In the case of a felony of the second degree, unless the statute provides otherwise, for a term of not less than one year nor more than 15 years. (3) In the case of a felony of the third degree, unless the statute provides otherwise, for a term not to exceed five years.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 79 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- State v. Speer (Utah Supreme Court 1988, 74 Utah Adv. Rep. 16)“…avated assault. In sentencing defendant, the judge applied Utah Code Ann. § 76-3-203 (1) (1978), which adds an additional ye…”
- State v. Alvarez (Utah Supreme Court 1994, 235 Utah Adv. Rep. 61)“…"not less than five years ... and which may be for life." Utah Code Ann. § 76-3-203 . For first degree felonies, section 76…”
- State v. Labrum (Utah Supreme Court 1996, 293 Utah Adv. Rep. 19)“…firearm and gang sentence enhancements in accordance with Utah Code Ann. §§ 76-3-203 and 76-3-203.1. The gang sentence enha…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Utah Smart Glasses Recording Laws (2026), Utah Recording Laws (2026): One-Party Consent Rules, Utah GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026)
§ 76-3-204Misdemeanor conviction -- Term of imprisonment.In forcecited in 5 of our articles
A person who has been convicted of a misdemeanor may be sentenced to imprisonment as follows: (1) (a) Except as provided in Subsection (1)(b), in the case of a class A misdemeanor, for a term not exceeding 364 days. (b) (i) Except as provided in Subsection (1)(b)(ii), in the case of a class A misdemeanor under Title 76, Chapter 5, Offenses Against the Individual, for a term not exceeding one year. (ii) For a class A misdemeanor for one of following offenses, for a term not exceeding 364 days: (A) Section 76-5-102.9, propelling a bodily substance or material as described in Section 76-5-102.9; (B) Section 76-5-107.5, prohibition of "hazing"; (C) Section 76-5-113, surreptitious administration of certain substances; or (D) Section 76-5-303, custodial interference. (2) In the case of a class B misdemeanor, for a term not exceeding six months. (3) In the case of a class C misdemeanor, for a term not exceeding 90 days.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 14 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Sanchez (Court of Appeals of Utah 2015, 782 Utah Adv. Rep. 78)“…nder the Immigration and Nationality Act. See id.; see also Utah Code Ann. § 76-3-204(1) (LexisNexis 2012). 3. Sanchez cites…”
- State v. Patience (Court of Appeals of Utah 1997, 323 Utah Adv. Rep. 24)“…or "an indeterminate term not to exceed five years." Under Utah Code Ann. § 76-3-204 (1) (1995), a person who has been convi…”
- Richfield City v. Walker (Court of Appeals of Utah 1990, 131 Utah Adv. Rep. 37)“…n of the penalty for a class B misdemeanor as set forth in Utah Code Ann. § 76-3-204 (2) (1978), imprisonment “for a term no…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Utah Fireworks Laws (2026): Dates, Hours, and Penalties, Utah Age of Consent Laws: Statutes, Penalties and Reporting, Utah Felony Degrees and Misdemeanor Classes: Sentences and Fines
§ 76-3-301Fines of individuals.In forcecited in 8 of our articles
(1) An individual convicted of an offense may be sentenced to pay a fine, not exceeding: (a) $10,000 for a felony conviction of the first degree or second degree; (b) $5,000 for a felony conviction of the third degree; (c) $2,500 for a class A misdemeanor conviction; (d) $1,000 for a class B misdemeanor conviction; (e) $750 for a class C misdemeanor conviction or infraction conviction; and (f) any greater amounts specifically authorized by statute. (2) (a) An individual convicted of a misdemeanor or infraction and sentenced to pay a fine may not be charged by a court: (i) notwithstanding Section 15-1-4, interest on the judgment that in the aggregate is more than 25% of the initial fine; or (ii) that issues an order to show cause under Section 78B-6-317 for failure to pay the fine, interest that is more than 25% of the initial fine. (b) An individual convicted only of an infraction and sentenced to pay a fine may not be charged: (i) by the Office of State Debt Collection, late fees and interest that in the aggregate are more than 25% of the initial fine; or (ii) by a third-party debt contractor of the Office of State Debt Collection, additional fees.
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: 2026
Opinions citing this section in our collection:
- State v. Weeks (Utah Supreme Court 2002, 458 Utah Adv. Rep. 3)“…on), the judge could have fined Weeks up to $12,500, see Utah Code Ann. § 76-3-301 (b) to (e) (1999) (stating that a perso…”
- State v. Mitchell (Court of Appeals of Utah 1991, 175 Utah Adv. Rep. 77)“…of a firearm. Defendant was also fined $10,000 pursuant to Utah Code Ann. § 76-3-301 (a) (1990). Defendant claimed hi…”
- Planned Parenthood Association v. State (Utah Supreme Court 2024, 554 P.3d 998)“…sk of monetary fines and up to fifteen years in prison. See UTAH CODE §§ 76-3-301(1)(a), 76-7a-201(3). SB 174 further req…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Utah Windshield Mounting Laws (2026 Guide)
Utah Code, Title 53: Public Safety Code
§ 53-3-220Offenses requiring mandatory revocation, denial, suspension, or disqualification of license -- Offense requiring an extension of period -- Hearing -- Limited driving privileges.In force
(1) (a) The division shall immediately revoke or, when this chapter, Title 41, Chapter 1a, Motor Vehicle Act, Title 41, Chapter 6a, Traffic Code, or Section 76-5-303, specifically provides for denial, suspension, or disqualification, the division shall deny, suspend, or disqualify the license or endorsement of a person upon receiving a record of the person's conviction for: (i) manslaughter or negligent homicide resulting from driving a motor vehicle, automobile homicide under Section 76-5-207, or automobile homicide involving using a handheld wireless communication device while driving under Section 76-5-207.5; (ii) driving or being in actual physical control of a motor vehicle while under the influence of alcohol, any drug, or combination of them to a degree that renders the person incapable of safely driving a motor vehicle as prohibited in Section 41-6a-502 or as prohibited in an ordinance that complies with the requirements of Subsection 41-6a-510(1); (iii) driving or being in actual physical control of a motor vehicle while having a blood or breath alcohol content as prohibited in Section 41-6a-502 or as prohibited in an ordinance that complies with the requirements of…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
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Sources and References
- Utah Code 76-5-205, Manslaughter(le.utah.gov).gov
- Utah Code 76-5-203, Murder (special mitigation and reasonable-belief reductions)(le.utah.gov).gov
- Utah Code 76-5-206, Negligent homicide(le.utah.gov).gov
- Utah Code 76-5-207, Automobile homicide(le.utah.gov).gov
- Utah Code 76-3-203, Felony terms of imprisonment(le.utah.gov).gov
- Utah Code 76-5-201, Criminal homicide; designations of offenses(le.utah.gov).gov
- Utah Code 76-5-205.5, Special mitigation(le.utah.gov).gov
- Utah Code 76-2-103, Definitions (culpable mental states)(le.utah.gov).gov
- Utah Code 76-3-204, Misdemeanor terms of imprisonment(le.utah.gov).gov
- Utah Code 76-3-301, Fines(le.utah.gov).gov
- Utah Code 76-5-207.5, Automobile homicide involving handheld wireless communication device(le.utah.gov).gov
- Utah Code 53-3-220, Mandatory driver license revocation(le.utah.gov).gov
- Utah Code 76-5-209, Homicide by assault(le.utah.gov).gov
- H.B. 221 (2026), Coercion Amendments, enrolled copy(le.utah.gov).gov
- S.B. 323 (2026), Criminal and Juvenile Justice Recodification, enrolled copy(le.utah.gov).gov
- 18 U.S.C. 1112, Manslaughter(govinfo.gov).gov
- Utah Code 76-5-208, Child abuse homicide(le.utah.gov).gov
- Utah Code 41-6a-210, Failure to respond to officer's signal to stop(le.utah.gov).gov
- Utah Code 41-6a-401.3, Accident involving injury or death(le.utah.gov).gov
- H.B. 423 (2026), Hit and Run and DUI Offense Amendments, enrolled copy(le.utah.gov).gov
- Utah Code 41-6a-501, Definitions (DUI)(le.utah.gov).gov
- Utah Code 76-5-211, Aiding or encouraging suicide(le.utah.gov).gov
- Utah Code 76-5-112.5, Endangerment of a child or vulnerable adult(le.utah.gov).gov
- Utah Code 76-5-109.2, Aggravated child abuse(le.utah.gov).gov
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