Utah § 76-6-402 - Presumptions and defenses.

Full text of Utah Utah Code § 76-6-402 — Presumptions and defenses., with citation guidance and answers to common questions.

§ 76-6-402. Presumptions and defenses.

Effective 5/3/2023
76-6-402.  Presumptions and defenses.
     The following presumption shall be applicable to this part:
(1) Possession of property recently stolen, when no satisfactory explanation of such possession is made, shall be deemed prima facie evidence that the person in possession stole the property.
(2) It is not a defense under this part that the actor:
(a) has an interest in the property or service stolen if another person also has an interest that the actor is not entitled to infringe, unless the interest is a security interest for the repayment of a debt or obligation; or
(b) takes livestock, as defined in Section 76-3-203.16, from the owner because the livestock is sick, injured, or a liability to the owner.
(3) It is a defense under this part that the actor:
(a) acted under an honest claim of right to the property or service involved;
(b) acted in the honest belief that the actor had the right to obtain or exercise control over the property or service in the manner the actor obtained or exercised control; or
(c) obtained or exercised control over the property or service honestly believing that the owner, if present, would have consented.
(4) A livestock guardian dog is presumed to belong to an owner of the livestock with which the livestock guardian dog is living at the time of an alleged violation of this part.


Amended by Chapter 121, 2023 General Session

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Frequently Asked Questions About Utah § 76-6-402

What does Utah Code § 76-6-402 cover?

Section 76-6-402 ("Presumptions and defenses.") 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 § 76-6-402?

A common citation format is "Utah Code § 76-6-402" (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 § 76-6-402 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.