Negating defense by allegation or proof -- When not required.

  1. Law
  2. Utah Code
  3. Utah Criminal Code
  4. General Provisions
  5. Burden of Proof
  6. Negating defense by allegation or proof -- When not required.

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  • (1) By allegation in an information, indictment, or other charge; or
  • (2) By proof, unless:
    • (a) The defense is in issue in the case as a result of evidence presented at trial, either by the prosecution or the defense; or
    • (b) The defense is an affirmative defense, and the defendant has presented evidence of such affirmative defense.




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