H.B. 81 Enrolled

CRIMINAL LAW INTENT AMENDMENT
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Ty McCartney

LONG TITLE
General Description:
This bill amends the Criminal Code to provide that if an element of a criminal offense is
the intentional causation of a result, and if the result of defendant's commission of the
offense differs from the defendant's intent only because a different person or property
was affected than the defendant intended, the requirement of intentional causation is
met.
Highlighted Provisions:
This bill:
. provides that if a criminal offense includes a requirement that the defendant
intentionally acted to cause an intended result, then this requirement is met if the
defendant's action differs from the intended result only in that the person or property
affected differs from the person or property the defendant intended to commit the
offense against.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
76-2-105, Utah Code Annotated 1953

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-2-105 is enacted to read:

76-2-105. Transferred intent.
Where intentionally causing a result is an element of an offense, that element is established
even if a different person than the actor intended was killed, injured, or harmed, or different
property than the actor intended was damaged or otherwise affected.

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