Utah Code » Title 76, Chapter 2 — Principles of Criminal Responsibility; part 76-2-1 — Culpability Generally
Utah Code

Utah Code § 76-2-103 (2026)

Definitions

✓ current as of May 2026
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A person engages in conduct:

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.
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.
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.
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.
Notes of Decisions
Cited in 127 cases (25 in the last 5 years), 1977–2026 · leading case: State v. Dunn, 850 P.2d 1201 (Utah 1993).
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State v. Dunn, 850 P.2d 1201 (Utah 1993). · cites it 14× “The prosecution must have adduced legally sufficient evidence showing that Dunn was aware of but disregarded a substantial and unjustified risk that Sprinkle's death would occur, Utah Code Ann. § 76-2-103 (3), and that he did not act under compulsion.”
State v. Chavez, 605 P.2d 1226 (Utah 1979). · cites it 32× “Criminal negligence is defined in Section 76-2-103: A person engages in conduct: * * * * * * (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…”
State v. Standiford, 769 P.2d 254 (Utah 1988). · cites it 16× “" Utah Code Ann. § 76-2-103 (3) (1978). [8] Reckless manslaughter, therefore, *263 is committed under § 76-5-205 when one causes a death by engaging in conduct which the actor knows creates a "substantial and unjustifiable risk" of death.”
State v. Bryan, 709 P.2d 257 (Utah 1985). · cites it 12× “The State must prove that defendant was aware of and consciously disregarded a substantial and unjustifiable risk, § 76-2-103(3). There is ample evidence in this case to show that defendant acted with a more culpable mental state than negligence.”
State v. Warden, 813 P.2d 1146 (Utah 1991). · cites it 12× “" Utah Code Ann. § 76-2-103 (Supp. 1988) states that a person acts [w]ith criminal negligence or is criminally negligent with respect to circumstances surrounding his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the…”
State v. Cady, 2018 UT App 8 (Utah Ct. App. 2018). · cites it 4× “" (Quoting Utah Code Ann. § 76-2-103 (3) (LexisNexis 2012).”
State v. Casey, 2003 UT 33 (Utah 2003). · cites it 4× “" See Utah Code Ann. § 76-2-103 (1999). 9 . Section 76-2-104(3) states that "[if acting knowingly is sufficient to establish the culpable mental state for an element of an offense, that element is also established if a person acts intentionally.”
State v. Bolsinger, 699 P.2d 1214 (Utah 1985). · cites it 8× “[3] Section 76-2-103 states: A person engages in conduct: .”
State v. Newton, 2020 UT 24 (Utah 2020). · cites it 5× “§ 76-2-103(1). ¶55 While a person may intend to engage in nonconsensual intercourse by, for example, rendering another person unconscious and then having sex with that person, this is not a substitute for the requisite mens rea for the victim’s nonconsent.”
State v. Killpack, 2008 UT 49 (Utah 2008). · cites it 3× “Utah Code Ann. § 76-2-103 (3) (Supp.2007).”
State v. Larsen, 865 P.2d 1355 (Utah 1993). · cites it 4× “3 Moreover, a brief survey of the Code confirms that the Utah legislature knows how to require scienter, if it so desires, by including specific language to that effect.”
State v. Fontana, 680 P.2d 1042 (Utah 1984). · cites it 5× “It uses terms from the statutory definitions in § 76-2-103 to distinguish depraved indifference homicide from other variations of homicide.”
Show all 127 citing cases →
— Utah Code § 76-2-103(1) — 26 cases
State v. Hutchings, 285 P.3d 1183 (Utah 2012).
State v. Vigil, 842 P.2d 843 (Utah 1992).
State v. Maestas, 299 P.3d 892 (Utah 2012).
State v. O'bannon, 2012 UT App 71 (Utah Ct. App. 2012).
State v. Fontana, 680 P.2d 1042 (Utah 1984). “It uses terms from the statutory definitions in § 76-2-103 to distinguish depraved indifference homicide from other variations of homicide.”
— Utah Code § 76-2-103(2) — 22 cases
State v. Newton, 2020 UT 24 (Utah 2020). “§ 76-2-103(1). ¶55 While a person may intend to engage in nonconsensual intercourse by, for example, rendering another person unconscious and then having sex with that person, this is not a substitute for the requisite mens rea for the victim’s nonconsent.”
State v. Kitches, 2021 UT App 24 (Utah Ct. App. 2021).
State v. Maestas, 299 P.3d 892 (Utah 2012).
State v. Fontana, 680 P.2d 1042 (Utah 1984). “It uses terms from the statutory definitions in § 76-2-103 to distinguish depraved indifference homicide from other variations of homicide.”
State v. Coffey, 564 P.2d 777 (Utah 1977).
— Utah Code § 76-2-103(3) — 34 cases
State v. Bryan, 709 P.2d 257 (Utah 1985). “The State must prove that defendant was aware of and consciously disregarded a substantial and unjustifiable risk, § 76-2-103(3). There is ample evidence in this case to show that defendant acted with a more culpable mental state than negligence.”
State v. Chavez, 605 P.2d 1226 (Utah 1979). “Criminal negligence is defined in Section 76-2-103: A person engages in conduct: * * * * * * (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…”
State v. Bolsinger, 699 P.2d 1214 (Utah 1985). “[3] Section 76-2-103 states: A person engages in conduct: .”
State v. Kitches, 2021 UT App 24 (Utah Ct. App. 2021).
State v. Standiford, 769 P.2d 254 (Utah 1988). “" Utah Code Ann. § 76-2-103 (3) (1978). [8] Reckless manslaughter, therefore, *263 is committed under § 76-5-205 when one causes a death by engaging in conduct which the actor knows creates a "substantial and unjustifiable risk" of death.”
— Utah Code § 76-2-103(4) — 19 cases
State v. Chavez, 605 P.2d 1226 (Utah 1979). “Criminal negligence is defined in Section 76-2-103: A person engages in conduct: * * * * * * (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…”
Bountiful City v. Baize, 2021 UT 9 (Utah 2021).
Boggess v. State, 655 P.2d 654 (Utah 1982).
State v. Ruben, 663 P.2d 445 (Utah 1983).
State in Interest of KKH, 610 P.2d 849 (Utah 1980).
— Utah Code § 76-2-103(8) — 1 case
State v. Dalton, 331 P.3d 1110 (Utah Ct. App. 2014).
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