Utah legal term
Lacks capacity to consent in Utah Criminal Law
Current through 2026 Utah legislative session
In Utah criminal law, “Lacks capacity to consent” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the Utah criminal code.
What does “Lacks capacity to consent” mean in Utah criminal law?
"Lacks capacity to consent" means an impairment by reason of mental illness, developmental disability, organic brain disorder, physical illness or disability, chronic use of drugs, chronic intoxication, short-term memory loss, or other cause to the extent that a vulnerable adult lacks sufficient understanding of the nature or consequences of decisions concerning the vulnerable adult's person or property. (Utah Code Ann. § 76-5-111.4)
Statutes defining or using this term
Charges using this term
Related terms in the same statutes
This reference is informational and is not legal advice.