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

Utah Code § 76-2-104 (2026)

Culpable mental state -- Higher mental states included

✓ current as of May 2026
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If acting with criminal negligence is sufficient to establish the culpable mental state for an element of an offense, that element is also established if a person acts intentionally, knowingly, or recklessly.
If acting recklessly is sufficient to establish the culpable mental state for an element of an offense, that element is also established if a person acts intentionally or knowingly.
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.
Notes of Decisions
Cited in 9 cases, 1976–2019 · 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 4× “1990); see also Utah Code Ann. § 76-2-104 . Therefore, regardless of whether the jury found that Dunn caused Sprinkle's death intentionally, knowingly, or recklessly, it necessarily found every fact required to convict Dunn of reckless manslaughter.”
State v. Casey, 2003 UT 33 (Utah 2003). · cites it 5× “" 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. Apodaca, 2018 UT App 131 (Utah Ct. App. 2018). · cites it 2× “Intent is the highest level of culpability, Utah Code Ann. § 76-2-104 (LexisNexis 2017), and an actor acts "[i]ntentionally, 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…”
State v. Binkerd, 2013 UT App 216 (Utah Ct. App. 2013). · cites it 2× “2d 254, 263-64 (Utah 1988) (explaining that the difference between depraved indifference murder and reckless manslaughter is the "slight degree of difference" in the "probability of the risk of death" ignored by the defendant); Utah Code Ann. § 76-2-104 (LexisNexis 2012) (noting…”
State v. Vigil, 2019 UT App 131 (Utah Ct. App. 2019). · cites it 2× “See Utah Code Ann. § 76-2-104 (2) (LexisNexis 2017) (“If acting recklessly is sufficient to establish the culpable mental state for an element of an offense, that element is also established if a person acts intentionally or knowingly.”
State v. Haltom, 2005 UT App 348 (Utah Ct. App. 2005). · cites it 2× “Utah Code Ann. § 76-2-104 (2003). Therefore, although the trial court erred in instructing the jury, the error could not have prejudiced Haltom and was thus harmless.”
State v. Garcia-Mejia, 2017 UT App 129 (Utah Ct. App. 2017). “§ 76-2-104(2) (setting forth the hierarchy of mental states and directing that if “acting recklessly is sufficient to establish the culpable mental state for an element of an offense, that element is also established if a person acts intentionally or knowingly”).”
State v. Jensen, 2004 UT App 467 (Utah Ct. App. 2004). “(citing Utah Code sections 76-2-104(3) (1999), which states that “[i]f 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” (alteration in original)).”
State v. Howell, 554 P.2d 1326 (Utah 1976). “Utah Code Annotated § 76-2-104 (1953), as amended. . Utah Code Annotated § 76-2-306 (1953), as amended.”
— Utah Code § 76-2-104(2) — 1 case
State v. Garcia-Mejia, 2017 UT App 129 (Utah Ct. App. 2017). “§ 76-2-104(2) (setting forth the hierarchy of mental states and directing that if “acting recklessly is sufficient to establish the culpable mental state for an element of an offense, that element is also established if a person acts intentionally or knowingly”).”
— Utah Code § 76-2-104(3) — 2 cases
State v. Casey, 2003 UT 33 (Utah 2003). “" 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. Jensen, 2004 UT App 467 (Utah Ct. App. 2004). “(citing Utah Code sections 76-2-104(3) (1999), which states that “[i]f 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” (alteration in original)).”
— Utah Code § 76-2-104(8) — 1 case
State v. Casey, 2003 UT 33 (Utah 2003). “" 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.”
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