Utah Code » Title 76, Chapter 2 — Principles of Criminal Responsibility; part 76-2-2 — Criminal Responsibility for Conduct of Another
Utah Code

Utah Code § 76-2-202 (2026)

Criminal responsibility for direct commission of offense or for conduct of another

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Every person, acting with the mental state required for the commission of an offense who directly commits the offense, who solicits, requests, commands, encourages, or intentionally aids another person to engage in conduct which constitutes an offense shall be criminally liable as a party for such conduct.

Enacted by Chapter 196, 1973 General Session

Notes of Decisions
Cited in 115 cases (8 in the last 5 years), 1976–2026 · leading case: State v. Lopes, 1999 UT 24, 980 P.2d 191.
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State v. Lopes, 1999 UT 24, 980 P.2d 191. · cites it 22× “…that the defendant possessed the mental state required for liability as an accomplice to the underlying offense. See Utah Code Ann. § 76-2-202 .”
State v. DeAlo, 748 P.2d 194 (Utah Ct. App. 1987). · cites it 36× “[1] On appeal defendant contends the trial court erred in: 1) ruling he had no standing to contest the search of the car; 2) instructing the jury on aiding and abetting pursuant to Utah Code Ann. § 76-2-202 (1978); and 3) admitting a California search warrant and affidavit and a…”
State v. Alvarez, 872 P.2d 450 (Utah 1994). · cites it 22× “Utah Code Ann. § 76-2-202 . Defendant makes the plausible argument that under section 76-3-203.”
Gonzales v. Duenas-Alvarez, 549 U.S. 183 (2007). · cites it 4× “§ 16-1-40 (2003); S.D. Codified Laws §§ 22-3-3 , 22-3-3.”
State v. Jeffs, 2010 UT 49, 243 P.3d 1250. · cites it 11× “" Utah Code Ann. § 76-2-202 . This mandates that the defendant, in this case one who acts as an accomplice to rape, undertake his actions intentionally, knowingly, or recklessly.”
State v. Briggs, 2008 UT 75, 197 P.3d 628. · cites it 13× “" Utah Code Ann. § 76-2-202 (2003); see also State v.”
State v. Bermejo, 2020 UT App 142, 476 P.3d 148. · cites it 12× “Instruction 19 informed the jury: A person can commit a crime as a “party” to the offense. In other words, a person can commit a criminal offense even though that person did not personally do all of the acts that make up the offense.”
State v. Chaney, 1999 UT App 309, 989 P.2d 1091. · cites it 26× “Utah Code Ann. § 76-2-202 (1995). No mention is made of actual or constructive presence during the commission of the offense as a precondition to liability.”
State v. Green, 2005 UT 9, 108 P.3d 710. · cites it 6× “” Utah Code Ann. § 76-2-202 (2003). 10 . Section 76-4-201 states that [f]or purposes of this part a person is guilty of conspiracy when he, intending that conduct constituting a crime be performed, agrees with one or more persons to engage in or cause the performance of the…”
State v. Labrum, 925 P.2d 937 (Utah 1996). · cites it 10× “Acting "in concert with two or more persons" means that "the defendant and two or more other persons would be criminally liable for the offense as parties under Section 76-2-202." [1] Id. § 76-3-203.1(1)(b).”
State v. V.T., 2000 UT App 189, 5 P.3d 1234. · cites it 10× “ANALYSIS 19 Utah's accomplice liability statute, Utah Code Ann. § 76-2-202 (1999), provides: Every person, acting with the mental state required for the commission of an offense who directly commits the offense, who solicits, requests, commands, encourages, or intentionally aids…”
State v. Labrum, 959 P.2d 120 (Utah Ct. App. 1998). · cites it 15× “(b) “In concert with two or more persons” as used in this section means the defendant and two or more other persons would be criminally liable for the offense as parties under Section 76-2-202. Utah Code Ann. § 76-3-203.”
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