Full text of Utah Utah Code § 76-2-409 — Battered person mitigation., with citation guidance and answers to common questions.
§ 76-2-409. Battered person mitigation.
Effective 5/6/2026 76-2-409.
Battered person mitigation.
(1)
As used in this section:
(a)
"Abuse" means the same as that term is defined in Section 78B-7-102.
(b)
(i)
"Cohabitant" means the same as the term is defined in Section 78B-7-102.
(ii)
"Cohabitant" includes, notwithstanding the definition in Section 78B-7-102, an individual who is:
(A)
a minor when the minor's parent or stepparent, or an individual living with the minor's parent as if a stepparent to the minor, committed the criminal offense; or
(B)
a parent or stepparent of a minor, or an individual living with a parent of a minor as if a stepparent to the minor, when the minor committed the criminal offense.
(c)
"Minor" means an individual who is younger than 18 years old.
(d)
"Parent" means an individual with an established parent-child relationship as described in Section 81-5-201.
(2)
(a)
An individual is entitled to battered person mitigation if:
(i)
the individual committed a criminal offense that was not legally justified;
(ii)
the individual committed the criminal offense against a cohabitant who demonstrated a pattern of abuse against the individual or another cohabitant of the individual; and
(iii)
the individual reasonably believed that the criminal offense was necessary to end the pattern of abuse.
(b)
A reasonable belief under Subsection (2)(a) is determined from the viewpoint of a reasonable person in the individual's circumstances, as the individual's circumstances are perceived by the individual.
(3)
An individual claiming mitigation under Subsection (2)(a) has the burden of proving, by clear and convincing evidence, each element that would entitle the individual to mitigation under Subsection (2)(a).
(4)
Mitigation under Subsection (2)(a) results in a one-step reduction of the level of offense of which the individual is convicted.
(5)
(a)
If the trier of fact is a jury, an individual is not entitled to mitigation under Subsection (2)(a) unless the jury:
(i)
finds the individual proved, in accordance with Subsection (3), that the individual is entitled to mitigation by unanimous vote; and
(ii)
returns a special verdict for the reduced charge at the same time the jury returns the general verdict.
(b)
A nonunanimous vote by the jury on the question of mitigation under Subsection (2)(a) does not result in a hung jury.
(6)
An individual intending to claim mitigation under Subsection (2)(a) at the individual's trial shall give notice of the individual's intent to claim mitigation under Subsection (2)(a) to the prosecuting agency at least 30 days before the individual's trial.
Section 76-2-409 ("Battered person mitigation.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 76-2-409?
A common citation format is "Utah Code § 76-2-409" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 76-2-409 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
