Chapter 4
The Law
Introduction
 English law is based upon two similar
concepts
 Common law: tradition or custom
 Case law: A decision of a judge in the
original case becomes a standard for the
rest
 Laws can be violated by acts of omission
or commission
Utah Law
 Utah Code Annotated is the statutory law
for Utah
 Made up of 78 different titles
 Designates various judicial rules
 To delineate a specific law, a number system
was adopted
 Title
 Chapter
 Section
General Provisions
 Jurisdiction: the right or authority of a
government entity to determine the proper
location for a trial
 Limitations are placed on how long the judicial
proceedings begin after a crime
 Prosecution begins when an information is filed
 Information: a legal document specifying which law
has allegedly been violated and what proof there is
 The right to be free from double jeopardy is
also defined
Principles of Criminal
Responsibility
 There are four levels of responsibility in
the Utah Code

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

Intentional
Knowing
Reckless
Negligent
 Prosecution must prove mens rea (guilty
mind) and actus rea (guilty act)
Elements of a Crime
 Each statute is composed of elements, each
which must be proven in order for the
defendant to be found guilty
 Some elements are always present
 The issue of court jurisdiction
 The culpable mental state of the defendant
 Other elements such as whether the defendant
was present or not must be proved also
Classification of Criminal
Offenses
 Criminal acts are classified by the
seriousness of the crime
 Three categories have been established
 Felony: An offense punishable by a prison
sentence
 Misdemeanor: An offense punishable by a
jail sentence
 Infraction: No jail sentence, fine up to $750
Classifications
 Felony
 Capital: Aggravated Murder
 First Degree: Murder, aggravated burglary, robbery,
kidnapping, rape
 Second Degree: Manslaughter Sexual abuse, theft of items
+$5000
 Third Degree: Theft $1000-$5000, Aggravated Assault
 Misdemeanor
 Class A: Vehicle burglary, assault on Peace Officer
 Class B: Assault, Theft < $300
 Class C: Disorderly conduct, traffic violations, trespass
 Infraction: Disorderly conduct where no warning has
occurred
Inchoate Offenses
 An offense which has not been
completed or finished
 Attempted Crime
 The offender began the crime but wasn’t
able to complete it
 Conspiracy
 An agreement with one or more persons to
commit a crime
Crimes Against Persons
 Major categories include Assault, Criminal
Homicide, Kidnapping, and Sexual Offenses
 Murder: Intentionally killing someone
 Manslaughter: Killing someone because of
recklessness
 Kidnapping: The intentional detaining someone
 Rape: Having sexual intercourse without the victim’s
consent
 Assault: Unlawful force or violence
Crimes Against Property
 Major categories include Mischief, Burglary,
Trespass, Robbery, Theft, and Fraud
 Arson: Damaging property by use of fire
 Criminal Mischief: Vandalism or tampering with
someone else’s property
 Burglary: Enters illegally into a building with the
intent to commit a crime
 Criminal Trespass: Enters unlawfully on property
knowing it is unlawful
 Robbery: Taking of personal property by using force
 Theft: Illegally taking the property of someone
Crimes against government
and public order



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
Interfering with an arrest
Obstructing Justice
Escape
False Report of a Crime
False Personal Information to a Peace
Officer
Crimes Against Public
Order and Decency
 Disorderly Conduct
 Class C misdemeanor
 Telephone Harassment
 Class B misdemeanor
 Intoxication
 Class C misdemeanor
 Lewdness
 Class B misdemeanor
Offenses Against Public
Health, Safety, Welfare, and
Morals
 Includes laws dealing with cigarettes, tobacco,
psychotoxic chemical solvents, weapons,
gambling, pornography, prostitution, fences,
and explosives
 Anyone who is not a citizen, is addicted to drug, has
committed a crime, or is mentally incompetent
cannot own a weapon
 People under 18 can’t have a weapon unless he
has the permission of his parent
 A person can’t carry a loaded firearm in a vehicle or
on any public street
Alcohol Related Offenses
 No one under the age of 21 cannot
purchase, solicit, possess, or consume
any alcoholic beverage
 A person is liable if they give, sell, or
provide an alcoholic beverage to
someone under 21
Local Laws and
Ordinances
 Laws are enacted at all levels of
government
 Examples include:
 Unlawful acts about schools, or colleges
 Annoying, disturbing, or molesting those on
school grounds
 Unlawful to idle, wander, or play in any
school property without a good reason for
being there
Expungement
 The sealing or destruction of a criminal record
 Must be 18 years old
 $25.00
 A petition must be filed for each conviction the
petitioner wishes to have expunged
 Can’t expunge capital, first degree, or second degree
felony
 Expungements can’t be considered until a certain
amount of time has elapsed, depending on the
severity it could be 7 to 15 years