As used in this section, "adverse inference instruction" means an instruction that:
(a)
is provided to a jury in accordance with Utah Rules of Criminal Procedure, Rule 19; and
(b)
directs the jury that an officer's failure to comply with a requirement of Section 77-7a-104 may give rise to an adverse inference against the officer.
(2)
(a)
A court presiding over a jury trial may provide an adverse inference instruction if the defendant seeking the adverse inference instruction establishes by a preponderance of the evidence that:
(i)
an officer intentionally or, with reckless disregard of a requirement of Section 77-7a-104, failed to comply with a requirement of Section 77-7a-104; and
(ii)
the officer's failure to comply with the requirement of Section 77-7a-104 is reasonably likely to affect the outcome of the defendant's trial.
(b)
In considering whether to include an adverse inference instruction under Subsection (2)(a), the court shall consider:
(i)
the degree of prejudice to the defendant as a result of the officer's failure to comply with Section 77-7a-104;
(ii)
the materiality and importance of the missing evidence in relation to the case as a whole;
(iii)
the strength of the remaining evidence;
(iv)
the degree of fault on behalf of the officer described in Subsection (2)(a)(i) or the law enforcement agency employing the officer, including whether evidence supports that the officer or the law enforcement agency displays a pattern of intentional or reckless disregard of the requirements of Section 77-7a-104; and
(v)
other considerations the court determines are relevant to ensure just adjudication and due process.
(c)
If a court includes an adverse inference instruction, the prosecutor shall, after the conclusion of the trial, send written notice of the instruction to the law enforcement agency that employed the officer described in Subsection (2)(a)(i) at the time of the offense, including:
(i)
the written order or a description of the order allowing for the instruction;
Section 7a-104.1 ("Adverse inference jury instruction.") 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 § 7a-104.1?
A common citation format is "Utah Code § 7a-104.1" (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 § 7a-104.1 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.
