Utah statute
Utah Code Ann. § 76-1-402 — Separate offenses arising out of single criminal episode - Included offenses.
Current through 2026 General Session
Part of Part 4: Multiple Prosecutions and Double Jeopardy, Utah Code.
Full text of Utah Code Ann. § 76-1-402
Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.
(1)(a) A defendant may be prosecuted in a single criminal action for all separate offenses arising out of a single criminal episode. (1)(b) Notwithstanding Subsection (1)(a), when the same act of a defendant under a single criminal episode shall establish offenses that may be punished in different ways under different provisions of the Utah Code, the act shall be punishable under only one such provision and an acquittal or conviction and sentence under any such provision bars a prosecution under any other such provision. (2) Unless the court otherwise orders separate trials to promote justice, a defendant may not be subject to separate trials for separate offenses arising out a single criminal episode if: (2)(a) the offenses are within the jurisdiction of a single court; (2)(b) venue for the offenses is proper in a single court under Section 76-1-202; and (2)(c) the offenses are known to the prosecuting attorney at the time the defendant is arraigned on the first information or indictment. (3)(a) A defendant may be convicted of an offense included in the offense charged but may not be convicted of both the offense charged and the included offense. (3)(b) An offense is included in the offense charged when: (3)(b)(i) the offense is established by proof of the same or less than all of the facts required to establish the commission of the offense charged; (3)(b)(ii) the offense constitutes an attempt, solicitation, conspiracy, or form of preparation to commit the offense charged or an offense otherwise included therein; or (3)(b)(iii) the offense is specifically designated by a statute as a lesser included offense. (4) The court shall not be obligated to charge the jury with respect to an included offense unless there is a rational basis for a verdict acquitting the defendant of the offense charged and convicting the defendant of the included offense. (5) If the district court on motion after verdict or judgment, or an appellate court on appeal or certiorari, determines that there is insufficient evidence to support a conviction for the offense charged but that there is sufficient evidence to support a conviction for an included offense and the trier of fact necessarily found every fact required for conviction of that included offense, the verdict or judgment of conviction may be set aside or reversed and a judgment of conviction entered for the included offense, without necessity of a new trial, if such relief is sought by the defendant.
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