Utah Code » Title 76, Chapter 2 — Principles of Criminal Responsibility; part 76-2-3 — Defenses to Criminal Responsibility
Utah Code

Utah Code § 76-2-305 (2026)

Mental condition -- Use as a defense -- Influence of alcohol or other substance voluntarily consumed

✓ current as of May 2026
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As used in this section:
"Mental condition" means a mental illness or a mental disability that substantially impairs an individual's mental, emotional, or behavioral functioning.
"Mental condition" does not include a mental abnormality that is manifested solely by repeated criminal conduct, anti-social behavior, or a substance use disorder.
"Mental disability" means an intellectual disability or a neurodevelopmental disorder as those terms are defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.
"Mental illness" means the following mental disorders as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association:
schizophrenia spectrum and other psychotic disorders;
bipolar I disorder;
post-traumatic stress disorder; or
other serious mental health conditions with psychotic features.
It is a defense to a prosecution under any statute or ordinance that the defendant, as a result of a mental condition, lacked the mental state required as an element of the offense charged.
A mental condition is not otherwise a defense, but may be evidence in mitigation of the penalty in a capital felony under Section 76-3-207 and may be evidence of special mitigation reducing the level of a criminal homicide or attempted criminal homicide offense under Section 76-5-205.5.
The defense defined in this section includes the defenses known as "insanity" and "diminished mental capacity."
A person who asserts a defense of insanity or diminished mental capacity, and who is under the influence of voluntarily consumed, injected, or ingested alcohol, controlled substances, or volatile substances at the time of the alleged offense is not excused from criminal responsibility on the basis of a mental condition if the alcohol or substance caused, triggered, or substantially contributed to the mental condition.
Notes of Decisions
Cited in 44 cases (3 in the last 5 years), 1977–2024 · leading case: State v. Herrera, 1999 UT 64 (Utah 1999).
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State v. Herrera, 1999 UT 64 (Utah 1999). · cites it 58× “The first time, Tomas Herrera challenged Utah's insanity defense statute, Utah Code Ann. § 76-2-305 (1), as being unconstitutional on its face.”
State v. Herrera, 895 P.2d 359 (Utah 1995). · cites it 46× “None of the cases are grounded in the Utah constitution, and they are not binding today in light of section 76-2-305. See Korell, 690 P.2d at 999-1000 .”
State v. Lafferty, 2001 UT 19 (Utah 2001). · cites it 12× “He was sentenced to death for the murder convictions On appeal, he makes eight separate challenges: (1) whether the trial court erred in determining that he was competent to stand trial; (2) whether the trial court erred in granting the State's challenge for cause to remove…”
State v. Bishop, 753 P.2d 439 (Utah 1988). · cites it 12× “1983) (amended 1986), which made clear that the "mental illness" in section 76-2-305 (Supp. 1983) (amended 1986) referred to insanity or diminished capacity, would make little sense if by its terms a defendant was required to give notice of a diminished capacity defense while at…”
State v. Young, 853 P.2d 327 (Utah 1993). · cites it 12× “Although our rules still refer to "not guilty by reason of insanity" pleas and verdicts, section 76-2-305 as reenacted makes it clear that the defense is limited to an absence of mens rea: (1) It is a defense to a prosecution under any statute or ordinance that the defendant, as…”
State v. Anderson, 789 P.2d 27 (Utah 1990). · cites it 20× “Utah Code Ann. § 76-2-305 (4) (Supp. 1989) defines mental illness for the purposes of the statute at issue as a mental disease or defect.”
State v. MacE, 921 P.2d 1372 (Utah 1996). · cites it 20× “Utah Code Ann. § 76-2-305 (1). As we have previously explained, this statute limits the insanity defense to negating the mens rea necessary for conviction.”
State v. Lambdin, 2017 UT 46 (Utah 2017). · cites it 6× “The statute provides further guidance on the second and third elements.”
State v. Sanchez, 2018 UT 31 (Utah 2018). · cites it 6× “¶39 We have previously stated that a person is suffering from extreme emotional distress: (1) when he has no mental illness as defined in section 76-2-305 (insanity or diminished capacity); and (2) when he is exposed to extremely unusual and overwhelming stress; and (3) when the…”
State v. Standiford, 769 P.2d 254 (Utah 1988). · cites it 8× “[12] Utah Code Ann. § 76-2-305 provides: (1) It is a defense to a prosecution under any statute or ordinance that the defendant, as a result of mental illness, lacked the mental state required as an element of the offense charged.”
State v. Gardner, 870 P.2d 900 (Utah 1993). · cites it 24× “The prosecution argued that the correct standard for involuntary intoxication is the same as that for the defense of mental illness located at Utah Code Ann. § 76-2-305 . 3 In his responsive *901 memorandum, defendant argued that involuntary intoxication is not covered…”
State v. DePlonty, 749 P.2d 621 (Utah 1987). · cites it 9× “Utah Code Ann. § 76-2-305 (1978) (repealed 1983).”
Show all 44 citing cases →
— Utah Code § 76-2-305(1) — 5 cases
State v. Herrera, 895 P.2d 359 (Utah 1995). “None of the cases are grounded in the Utah constitution, and they are not binding today in light of section 76-2-305. See Korell, 690 P.2d at 999-1000 .”
State v. Herrera, 1999 UT 64 (Utah 1999). “The first time, Tomas Herrera challenged Utah's insanity defense statute, Utah Code Ann. § 76-2-305 (1), as being unconstitutional on its face.”
State v. Seale, 853 P.2d 862 (Utah 1993).
Menzies v. State, 2014 UT 40 (Utah 2014).
State v. Jacob, 669 P.2d 865 (Utah 1983).
— Utah Code § 76-2-305(1)(b) — 3 cases
State v. Houston, 2015 UT 40 (Utah 2015).
State v. Hernandez, 2024 UT App 71 (Utah Ct. App. 2024).
State v. Houston, 2015 UT 36 (Utah 2015).
— Utah Code § 76-2-305(1)(c) — 1 case
State v. Hernandez, 2024 UT App 71 (Utah Ct. App. 2024).
— Utah Code § 76-2-305(3) — 1 case
State v. Standiford, 769 P.2d 254 (Utah 1988). “[12] Utah Code Ann. § 76-2-305 provides: (1) It is a defense to a prosecution under any statute or ordinance that the defendant, as a result of mental illness, lacked the mental state required as an element of the offense charged.”
— Utah Code § 76-2-305(4) — 5 cases
State v. Anderson, 789 P.2d 27 (Utah 1990). “Utah Code Ann. § 76-2-305 (4) (Supp. 1989) defines mental illness for the purposes of the statute at issue as a mental disease or defect.”
State v. Copeland, 765 P.2d 1266 (Utah 1988).
State v. Yoder, 935 P.2d 534 (Utah Ct. App. 1997).
State v. Olsen, 869 P.2d 1004 (Utah Ct. App. 1994).
State v. Anderson, 797 P.2d 416 (Utah 1990).
— Utah Code § 76-2-305(8) — 1 case
Kelly v. Salt Lake City Civil Serv. Comm'n, 8 P.3d 1048 (Utah Ct. App. 2000).
— Utah Code § 76-2-305(l) — 1 case
State v. Jacob, 669 P.2d 865 (Utah 1983).
— Utah Code § 76-2-305(l)(a) — 1 case
Gray v. State, 2017 UT App 93 (Utah Ct. App. 2017).
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