Utah Code
Utah Code § 76-2-203 (2026)
Defenses unavailable in prosecution based on conduct of another
✓ laws through the 2026 General Session (checked Sept. 2026)
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In any prosecution in which an actor's criminal responsibility is based on the conduct of another, it is no defense:
That the actor belongs to a class of persons who by definition of the offense is legally incapable of committing the offense in an individual capacity, or
That the person for whose conduct the actor is criminally responsible has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or of a different type or class of offense or is immune from prosecution.
Enacted by Chapter 196, 1973 General Session
Notes of Decisions
Cited in 1
case, 1990–1990 · leading case: State v. Pendergrass, 803 P.2d 1261 (Utah Ct. App. 1990).
State v. Pendergrass, 803 P.2d 1261 (Utah Ct. App. 1990). “• Defendant’s claim that the instruction was error because no one else was ever charged with the murder of Jenkins is meritless in light of Utah Code Ann. § 76-2-203 (1990), which states: In any prosecution in which an actor’s criminal responsibility is based on the conduct of…”
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