Utah § 76-1-402 - Separate offenses arising out of single criminal episode -- Included offenses.

Full text of Utah Utah Code § 76-1-402 — Separate offenses arising out of single criminal episode -- Included offenses., with citation guidance and answers to common questions.

§ 76-1-402. Separate offenses arising out of single criminal episode -- Included offenses.

Effective 5/6/2026
76-1-402.  Separate offenses arising out of single criminal episode -- Included offenses.
(1)
(a)A defendant may be prosecuted in a single criminal action for all separate offenses arising out of a single criminal episode.
(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:
(a)the offenses are within the jurisdiction of a single court;
(b)venue for the offenses is proper in a single court under Section 76-1-202; and
(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.
(b)An offense is included in the offense charged when:
(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;
(ii)the offense constitutes an attempt, solicitation, conspiracy, or form of preparation to commit the offense charged or an offense otherwise included therein; or
(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.


Amended by Chapter 377, 2026 General Session

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 76-1-402

What does Utah Code § 76-1-402 cover?

Section 76-1-402 ("Separate offenses arising out of single criminal episode -- Included offenses.") 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 § 76-1-402?

A common citation format is "Utah Code § 76-1-402" (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 § 76-1-402 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.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.