H.B. 39 Enrolled

CRIMINAL INTENT
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: John B. Arrington
AN ACT RELATING TO CRIMINAL LAW; AMENDING THE PROVISION REGARDING
MENTAL STATE FOR CRIMINAL OFFENSE TO CLARIFY THAT A HIGHER
CULPABLE MENTAL STATE MAY ESTABLISH A LESSER CULPABLE MENTAL
STATE AS AN ELEMENT OF AN OFFENSE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
76-2-104, as enacted by Chapter 196, Laws of Utah 1973
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-2-104 is amended to read:
76-2-104. Culpable mental state -- Higher mental states included.
(1) [Conduct is an offense if a person engages in it] If acting with criminal negligence[.
Conduct is also an offense if a person engages in it] is sufficient to establish the culpable mental
state for an element of an offense, that element is also established if a person acts intentionally,
knowingly, or recklessly. [Conduct is an offense if a person engages in it recklessly, the conduct
is an offense also if a person engages in it intentionally or knowingly. Conduct is an offense if a
person engages in it knowingly, the conduct is an offense also if a person engages in it
intentionally.]
(2) If acting recklessly is sufficient to establish the culpable mental state for an element
of an offense, that element is also established if a person acts intentionally or knowingly.
(3) If acting knowingly is sufficient to establish the culpable mental state for an element
of an offense, that element is also established if a person acts intentionally.