76-1-502. Negating defense by allegation or proof -- When not required.
84 words·~1 min read·
/ut/title-76/chapter-1/76-1-502A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
76-1-502. Negating defense by allegation or proof -- When not required.
Section 76-1-501 does not require negating a defense:
(1)By allegation in an information, indictment, or other charge; or
(2)By proof, unless:
(a)The defense is in issue in the case as a result of evidence presented at trial, either by the prosecution or the defense; or
(b)The defense is an affirmative defense, and the defendant has presented evidence of such affirmative defense.
Enacted by Chapter 196 , 1973 General Session