1. Chapter 4
The Law

2. 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

3. 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

4. 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

5. Principles of Criminal Responsibility
There are four levels of responsibility in the Utah Code
Intentional
Knowing
Reckless
Negligent
Prosecution must prove mens rea (guilty mind) and actus rea (guilty act)

6. 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

7. 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

8. Classifications Felony Misdemeanor
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

9. 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

10. 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

11. 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

12. Crimes against government and public order
Interfering with an arrest
Obstructing Justice
Escape
False Report of a Crime
False Personal Information to a Peace Officer

13. Crimes Against Public Order and Decency
Disorderly Conduct
Class C misdemeanor
Telephone Harassment
Class B misdemeanor
Intoxication
Lewdness

14. 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

15. 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

16. 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

17. 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