Utah Code
Utah Code § 76-1-501 (2026)
Presumption of innocence -- "Element of the offense" defined
✓ current as of May 2026
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A defendant in a criminal proceeding is presumed to be innocent until each element of the offense charged against him is proved beyond a reasonable doubt. In the absence of this proof, the defendant shall be acquitted.
As used in this part, "element of the offense" means:
the conduct, attendant circumstances, or results of conduct proscribed, prohibited, or forbidden in the definition of the offense; and
the culpable mental state required.
The existence of jurisdiction and venue are not elements of the offense but shall be established by a preponderance of the evidence.