76-1-501 - Presumption of innocence -- "Element of the offense" defined. - Utah Statutes

76-1-501. Presumption of innocence -- "Element of the offense" defined.
(1) A defendant in a criminal proceeding is presumed to be innocent until each element ofthe offense charged against him is proved beyond a reasonable doubt. In absence of such proof,the defendant shall be acquitted.
(2) As used in this part the words "element of the offense" mean:
(a) The conduct, attendant circumstances, or results of conduct proscribed, prohibited, orforbidden in the definition of the offense;
(b) The culpable mental state required.
(3) The existence of jurisdiction and venue are not elements of the offense but shall beestablished by a preponderance of the evidence.

Enacted by Chapter 196, 1973 General Session