Utah Code » Title 76, Chapter 3 — Punishments; part 76-3-2 — Sentencing
Utah Code

Utah Code § 76-3-206 (2026)

Capital felony -- Penalties

✓ current as of May 2026
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An individual who has pled guilty to or been convicted of a capital felony shall be sentenced in accordance with this section and Section 76-3-207.
If the individual described in Subsection (1) was 18 years old or older at the time the offense was committed, the sentence shall be:
death;
an indeterminate prison term of not less than 25 years and that may be for life; or
on or after April 27, 1992, life in prison without parole.
Subsections (2)(a)(i) and (2)(a)(iii) do not apply if the individual was under 18 years old at the time the offense was committed and was sentenced on or after May 10, 2016.
Notes of Decisions
Cited in 33 cases (2 in the last 5 years), 1976–2022 · leading case: State v. Gardner, 947 P.2d 630 (Utah 1997).
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State v. Gardner, 947 P.2d 630 (Utah 1997). · cites it 19× “23 (citing, among others, Utah Code Ann. §§ 76-3-206 , -3-207, and 5-202 (Supp.”
Whitmore Ex Rel. Simmons v. Arkansas, 495 U.S. 149 (1990). · cites it 4× “1989); see also Utah Code Ann. § 76-3-206 (2) (1978). The extreme rarity of unreviewed executions in itself suggests the unconstitutionality of such killings.”
State v. Tillman, 750 P.2d 546 (Utah 1987). · cites it 8× “[6] While this Court continues to review such cases pursuant to Utah Code Ann. § 76-3-206 (2) *552 (1978) [7] and § 76-3-207(4) (Supp.”
Roper v. Simmons, 543 U.S. 551 (2005). · cites it 2× “2004-2005) (minimum age of 17) Utah Utah Code Ann. § 76-3-206 (1) (Lexis 2003) (no express minimum age) *580 Virginia Va.”
Gregg v. Georgia, 428 U.S. 153 (1976). · cites it 2× “03 (a) (1974); Utah Code Ann. §§ 76-3-206 , 76-3-207, 76-5-202 (Supp.”
State v. Pierre, 572 P.2d 1338 (Utah 1977). · cites it 6× “*1345 Defendant urges error in that Sections 76-3-206 [7] and 76-3-207, at note no.”
State v. Met, 2016 UT 51 (Utah 2016). · cites it 3× “See UTAH CODE §§ 76-3-206(1), 76-3-207.7(2) (2016). 14 Cite as: 2016 UT 51 Opinion of the Court aggravated murder sentencing statute—Utah Code section 76-3- 207.”
State v. Honie, 2002 UT 4 (Utah 2002). · cites it 4× “¶ 42 In short, this case is not so far outside the general pattern of death penalty cases to constitute an anomaly; our legislation permits death for a single murder and defendant is not the first to have been sentenced to death for a single murder in Utah.”
Andrews v. Shulsen, 600 F. Supp. 408 (D. Utah 1984). · cites it 6× “See Utah Code Ann. § 76-3-206 (2) (1973). The Utah Supreme Court carefully reviewed the entire case and concluded that the death penalty had not been imposed arbitrarily and was not disproportionate.”
State v. Menzies, 845 P.2d 220 (Utah 1992). · cites it 6× “unless he has received a certificate from the Division of Occupational and Professional Licensing,” and on Utah Code Ann. § 76-3-206 (2) and Utah Rule of Criminal Procedure 26(10), which provide for mandatory review of the “entire record” in every case in which a sentence of…”
State v. Tuttle, 713 P.2d 703 (Utah 1985). · cites it 6× “, 1953, § 76-3-206(2) (1978 ed.), he is entitled to reinstatement of his appeal even if other escapees convicted of lesser offenses are not.”
Thompson v. Oklahoma, 487 U.S. 815 (1988). · cites it 2× “Codified Laws §§ 22-16-4, 22-16-12, 23A-27A-1 — 23A-27A-41 (1988)); Utah (see Utah Code Ann. §§ 76-3-206 , 76-3-207 (1978 and Supp.”
Show all 33 citing cases →
— Utah Code § 76-3-206(1) — 4 cases
State v. Met, 2016 UT 51 (Utah 2016). “See UTAH CODE §§ 76-3-206(1), 76-3-207.7(2) (2016). 14 Cite as: 2016 UT 51 Opinion of the Court aggravated murder sentencing statute—Utah Code section 76-3- 207.”
State v. Gardner, 947 P.2d 630 (Utah 1997). “23 (citing, among others, Utah Code Ann. §§ 76-3-206 , -3-207, and 5-202 (Supp.”
State v. Guadarrama, 2015 UT App 77 (Utah Ct. App. 2015).
State v. Met, 2016 UT 51 (Utah 2016).
— Utah Code § 76-3-206(2) — 4 cases
State v. Pierre, 572 P.2d 1338 (Utah 1977). “*1345 Defendant urges error in that Sections 76-3-206 [7] and 76-3-207, at note no.”
State v. Tuttle, 713 P.2d 703 (Utah 1985). “, 1953, § 76-3-206(2) (1978 ed.), he is entitled to reinstatement of his appeal even if other escapees convicted of lesser offenses are not.”
State v. Brown, 607 P.2d 261 (Utah 1980).
State v. Menzies, 845 P.2d 220 (Utah 1992). “unless he has received a certificate from the Division of Occupational and Professional Licensing,” and on Utah Code Ann. § 76-3-206 (2) and Utah Rule of Criminal Procedure 26(10), which provide for mandatory review of the “entire record” in every case in which a sentence of…”
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