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

Utah Code § 76-2-308 (2026)

Affirmative defenses

✓ current as of May 2026
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Defenses enumerated in this part constitute affirmative defenses.

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 1988–2026 · leading case: State v. Bishop, 753 P.2d 439 (Utah 1988).
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State v. Bishop, 753 P.2d 439 (Utah 1988). · cites it 4× “" On March 5, defendant filed his own affidavit and a memorandum signed by counsel stating that he was not claiming any affirmative defenses under section 76-2-308 (1978). That same day, during his opening statement defense counsel focused the jury's attention on certain…”
State v. Jennings, 2025 UT 59 (Utah 2025). “§ 76-2-308 (“Defenses enumerated in this part constitute affirmative defenses.”
State v. Youren, 2026 UT App 11 (Utah Ct. App. 2026). “§ 76-2-308, it doesn’t fit this same pattern.”
State v. Jennings, 2026 UT 4 (Utah 2026). “§ 76-2-308 (“Defenses enumerated in this part constitute affirmative defenses.”
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