Utah Code » Title 76, Chapter 5 — Offenses Against the Individual; part 76-5-2 — Criminal Homicide
Utah Code

Utah Code § 76-5-201 (2026)

Criminal homicide -- Designations of offenses -- Exceptions -- Application of consensual altercation defense

✓ current as of May 2026
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As used in this section:
"Abortion" means the same as that term is defined in Section 76-7-301.
"Criminal homicide" means an act causing the death of another human being, including an unborn child at any stage of the unborn child's development.
The terms defined in Section 76-1-101.5 apply to this section.
The following are criminal homicide:
aggravated murder;
murder;
manslaughter;
child abuse homicide;
homicide by assault;
negligent homicide; and
automobile homicide.
Notwithstanding Subsection (2), an actor is not guilty of criminal homicide if:
the death of an unborn child is caused by an abortion;
the sole reason for the death of an unborn child is that the actor:
refused to consent to:
medical treatment; or
a cesarean section; or
failed to follow medical advice; or
a woman causes the death of her own unborn child, and the death:
is caused by a criminally negligent act or reckless act of the woman; and
is not caused by an intentional or knowing act of the woman.
The provisions governing a defense of a consensual altercation as described in Section 76-5-104 apply to this part.
Notes of Decisions
Cited in 24 cases, 1977–2020 · leading case: State v. MacGuire, 2004 UT 4 (Utah 2004).
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State v. MacGuire, 2004 UT 4 (Utah 2004). · cites it 48× “Utah Code Ann. § 76-5-201 (1) (1999) (emphasis added).”
State v. Crick, 675 P.2d 527 (Utah 1983). · cites it 18× “" We conclude that § 76-5-201 and the succeeding sections under the heading of "criminal homicide" (through § 76-5-207) amount to such a designation.”
State v. J.M.S., 280 P.3d 410 (Utah 2011). · cites it 7× “§§ 76-5-201(1) (2008), 76-5-208(2)(a), (8)(a) (Supp.”
State v. Durrant, 561 P.2d 1056 (Utah 1977). · cites it 12× “The propriety or lack thereof of the above instruction depends upon the interpretation to be given to the following sections of our statute: Section 76-5-201, as enacted L. 1973, ch.”
State v. Knoll, 712 P.2d 211 (Utah 1985). · cites it 6× “Section 76-5-201 (Supp.1982) states: “(1) A person commits criminal homicide if he intentionally, knowingly, recklessly or with criminal negligence unlawfully causes the death of another.”
State v. Tuttle, 780 P.2d 1203 (Utah 1989). · cites it 4× “He contends that the trial court erroneously forced him to waive his right to a jury in the penalty phase to avoid being tried by a "death qualified" jury in the guilt phase; that the trial court erred in admitting hypnotically enhanced testimony and in excluding expert…”
People v. Davis, 872 P.2d 591 (Cal. 1994). · cites it 4× “" ( Utah Code Ann. § 76-5-201 , subd. (1)(a).”
State v. Fedorowicz, 2002 UT 67 (Utah 2002). · cites it 2× “In other words, the State need prove only the intent required to commit the underlying felony and that the defendant "causes the death of another human being," Utah Code Ann. § 76-5-201 (1)(a), "while in the commission, attempted commission, or immediate flight from the…”
State v. Fontana, 680 P.2d 1042 (Utah 1984). · cites it 3× “This general principle of criminal responsibility is specifically applied to criminal homicide by the definition in § 76-5-201: “A person commits criminal homicide if he intentionally, knowingly, recklessly, or with criminal negligence unlawfully causes the death of another.”
State v. Vigil, 842 P.2d 843 (Utah 1992). · cites it 3× “10, §§ 7-9 (codified as amended Utah Code Ann. §§ 76-5-201 to -203 (Supp.”
State v. Courchesne, 998 A.2d 1 (Conn. 2010). “2009) (term “death,” with respect to unborn child, includes “the failure to be bom alive” for purposes of Texas Penal Code and its homicide provisions); Utah Code Ann. § 76-5-201 (1) (a) (2003) (person commits criminal homicide when he causes death of another human being,…”
State v. Lamy, 969 A.2d 451 (N.H. 2009). “§§ 2601-2609 (West 1998); R.I. Gen. Laws § 11-23-5 (2002); S.”
Show all 24 citing cases →
— Utah Code § 76-5-201(1) — 6 cases
State v. MacGuire, 2004 UT 4 (Utah 2004). “Utah Code Ann. § 76-5-201 (1) (1999) (emphasis added).”
State v. Crick, 675 P.2d 527 (Utah 1983). “" We conclude that § 76-5-201 and the succeeding sections under the heading of "criminal homicide" (through § 76-5-207) amount to such a designation.”
State v. Durrant, 561 P.2d 1056 (Utah 1977). “The propriety or lack thereof of the above instruction depends upon the interpretation to be given to the following sections of our statute: Section 76-5-201, as enacted L. 1973, ch.”
State v. J.M.S., 280 P.3d 410 (Utah 2011). “§§ 76-5-201(1) (2008), 76-5-208(2)(a), (8)(a) (Supp.”
State v. Harrison, 269 P.3d 133 (Utah 2011).
— Utah Code § 76-5-201(1)(a) — 3 cases
State v. J.M.S., 280 P.3d 410 (Utah 2011). “§§ 76-5-201(1) (2008), 76-5-208(2)(a), (8)(a) (Supp.”
Carranza v. United States, 267 P.3d 912 (Utah 2011).
State v. Lopez, 2020 UT App 101 (Utah Ct. App. 2020).
— Utah Code § 76-5-201(1)(b) — 1 case
State v. J.M.S., 280 P.3d 410 (Utah 2011). “§§ 76-5-201(1) (2008), 76-5-208(2)(a), (8)(a) (Supp.”
— Utah Code § 76-5-201(l)(a) — 1 case
State v. Graham, 2006 UT 43 (Utah 2006).
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