Murder Offense Amendments

6
76-5-203
0
Murder Offense Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: A. Cory Maloy
Senate Sponsor: Brady Brammer
LONG TITLE
General Description:
This bill amends the offense of murder.
Highlighted Provisions:
This bill:
amends the offense of murder when the actor acts in a depraved indifference to human
life to clarify that the actor does not need to have a specific intent to kill a specific
individual.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-5-203
, as last amended by Laws of Utah 2025, Chapters 173, 204, 208, and 284
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
76-5-203
is amended to read:
76-5-203
. Murder -- Penalties-- Affirmative defense and special mitigation --
Separate offenses.
(1)
(a)
As used in this section, "predicate offense" means:
(i)
a clandestine drug lab violation under Section
58-37d-4
or
58-37d-5
;
(ii)
aggravated child abuse, under Subsection
76-5-109.2(3)(a)
, when the abused
individual is younger than 18 years old;
(iii)
child torture under Section
76-5-109.4
;
(iv)
kidnapping under Section
76-5-301
;
(v)
child kidnapping under Section
76-5-301.1
;
(vi)
aggravated kidnapping under Section
76-5-302
;
(vii)
rape under Section
76-5-402
;
(viii)
rape of a child under Section
76-5-402.1
;
(ix)
object rape under Section
76-5-402.2
;
(x)
object rape of a child under Section
76-5-402.3
;
(xi)
forcible sodomy under Section
76-5-403
;
(xii)
sodomy upon a child under Section
76-5-403.1
;
(xiii)
forcible sexual abuse under Section
76-5-404
;
(xiv)
sexual abuse of a child under Section
76-5-404.1
;
(xv)
aggravated sexual abuse of a child under Section
76-5-404.3
;
(xvi)
aggravated sexual assault under Section
76-5-405
;
(xvii)
arson under Section
76-6-102
;
(xviii)
aggravated arson under Section
76-6-103
;
(xix)
burglary under Section
76-6-202
;
(xx)
aggravated burglary under Section
76-6-203
;
(xxi)
robbery under Section
76-6-301
;
(xxii)
aggravated robbery under Section
76-6-302
;
(xxiii)
escape under Section
76-8-309
;
(xxiv)
aggravated escape under Section
76-8-309.3
; or
(xxv)
a violation of Section
76-11-209
or
76-11-210
regarding discharge of a firearm
or dangerous weapon.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits murder if:
(a)
the actor intentionally or knowingly causes the death of another individual;
(b)
intending to cause serious bodily injury to another individual, the actor commits an
act clearly dangerous to human life that causes the death of the other individual;
(c)
acting under circumstances evidencing a depraved indifference to human life, the
actor knowingly engages in conduct that creates a grave risk of death to
another
any

individual and thereby causes the death of
the other
any
individual;
(d)
(i)
the actor is engaged in the commission, attempted commission, or immediate
flight from the commission or attempted commission of any predicate offense, or
is a party to the predicate offense;
(ii)
an individual other than a party described in Section
76-2-202
is killed in the
course of the commission, attempted commission, or immediate flight from the
commission or attempted commission of any predicate offense; and
(iii)
the actor acted with the intent required as an element of the predicate offense;
(e)
the actor recklessly causes the death of a peace officer or military service member in
uniform while in the commission or attempted commission of:
(i)
an assault against a peace officer under Section
76-5-102.4
;
(ii)
interference with a peace officer while making a lawful arrest under Section
76-8-305
if the actor uses force against the peace officer; or
(iii)
an assault against a military service member in uniform under Section
76-5-102.4
;
or
(f)
the actor commits a homicide that would be aggravated murder, but the offense is
reduced in accordance with Subsection
76-5-202(4)
.
(3)
(a)
(i)
A violation of Subsection
(2)
is a first degree felony.
(ii)
A defendant who is convicted of murder shall be sentenced to imprisonment for
an indeterminate term of not less than 15 years and which may be for life.
(b)
Notwithstanding Subsection
(3)(a)
, if the trier of fact finds the elements of murder,
or alternatively, attempted murder, as described in this section are proved beyond a
reasonable doubt, and also finds that the existence of special mitigation is established
by a preponderance of the evidence and in accordance with Section
76-5-205.5
, the
court shall enter a judgment of conviction as follows:
(i)
if the trier of fact finds the defendant guilty of murder, the court shall enter a
judgment of conviction for manslaughter; or
(ii)
if the trier of fact finds the defendant guilty of attempted murder, the court shall,
notwithstanding Subsection
76-4-102(1)(b)
or
76-4-102(1)(c)
, enter a judgment of
conviction for attempted manslaughter.
(4)
(a)
It is an affirmative defense to a charge of murder or attempted murder that the
defendant caused the death of another individual or attempted to cause the death of
another individual under a reasonable belief that the circumstances provided a legal
justification or excuse for the conduct although the conduct was not legally justifiable
or excusable under the existing circumstances.
(b)
The reasonable belief of the actor under Subsection
(4)(a)
shall be determined from
the viewpoint of a reasonable person under the then existing circumstances.
(c)
Notwithstanding Subsection
(3)(a)
, if the trier of fact finds the elements of murder, or
alternatively, attempted murder, as described in this section are proved beyond a
reasonable doubt, and also finds the affirmative defense described in this Subsection
(4)
is not disproven beyond a reasonable doubt, the court shall enter a judgment of
conviction as follows:
(i)
if the trier of fact finds the defendant guilty of murder, the court shall enter a
judgment of conviction for manslaughter; or
(ii)
if the trier of fact finds the defendant guilty of attempted murder, the court shall
enter a judgment of conviction for attempted manslaughter.
(5)
(a)
Any predicate offense that constitutes a separate offense does not merge with the
crime of murder.
(b)
An actor who is convicted of murder, based on a predicate offense that constitutes a
separate offense, may also be convicted of, and punished for, the separate offense.
Section 2.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-5-26 10:08 AM