HB 284

Enrolled Copy  H.B. 284
1Murder Offense Amendments
                                        2026 GENERAL SESSION
                                             STATE OF UTAH
                                     Chief Sponsor: A. Cory Maloy
                                     Senate Sponsor: Brady Brammer
2
3  LONG TITLE
4  General Description:
5      This bill amends the offense of murder.
6  Highlighted Provisions:
7      This bill:
8      ▸ amends the offense of murder when the actor acts in a depraved indifference to human
9  life to clarify that the actor does not need to have a specific intent to kill a specific
10  individual.
11  Money Appropriated in this Bill:
12      None
13  Other Special Clauses:
14      None
15  Utah Code Sections Affected:
16  AMENDS:
17      76-5-203, as last amended by Laws of Utah 2025, Chapters 173, 204, 208, and 284
18
19  Be it enacted by the Legislature of the state of Utah:
20Section 1. Section 76-5-203 is amended to read:
2176-5-203 . Murder -- Penalties-- Affirmative defense and special mitigation --
22  Separate offenses.
23  (1)(a) As used in this section, "predicate offense" means:
24(i) a clandestine drug lab violation under Section 58-37d-4 or 58-37d-5;
25(ii) aggravated child abuse, under Subsection 76-5-109.2(3)(a), when the abused
26individual is younger than 18 years old;
27(iii) child torture under Section 76-5-109.4;
28(iv) kidnapping under Section 76-5-301;
H.B. 284  Enrolled Copy
29(v) child kidnapping under Section 76-5-301.1;
30(vi) aggravated kidnapping under Section 76-5-302;
31(vii) rape under Section 76-5-402;
32(viii) rape of a child under Section 76-5-402.1;
33(ix) object rape under Section 76-5-402.2;
34(x) object rape of a child under Section 76-5-402.3;
35(xi) forcible sodomy under Section 76-5-403;
36(xii) sodomy upon a child under Section 76-5-403.1;
37(xiii) forcible sexual abuse under Section 76-5-404;
38(xiv) sexual abuse of a child under Section 76-5-404.1;
39(xv) aggravated sexual abuse of a child under Section 76-5-404.3;
40(xvi) aggravated sexual assault under Section 76-5-405;
41(xvii) arson under Section 76-6-102;
42(xviii) aggravated arson under Section 76-6-103;
43(xix) burglary under Section 76-6-202;
44(xx) aggravated burglary under Section 76-6-203;
45(xxi) robbery under Section 76-6-301;
46(xxii) aggravated robbery under Section 76-6-302;
47(xxiii) escape under Section 76-8-309;
48(xxiv) aggravated escape under Section 76-8-309.3; or
49(xxv) a violation of Section 76-11-209 or 76-11-210 regarding discharge of a firearm
50or dangerous weapon.
51      (b) Terms defined in Section 76-1-101.5 apply to this section.
52   (2) An actor commits murder if:
53      (a) the actor intentionally or knowingly causes the death of another individual;
54      (b) intending to cause serious bodily injury to another individual, the actor commits an
55act clearly dangerous to human life that causes the death of the other individual;
56      (c) acting under circumstances evidencing a depraved indifference to human life, the
57actor knowingly engages in conduct that creates a grave risk of death to [another] any
58individual and thereby causes the death of [the other] any individual;
59      (d)(i) the actor is engaged in the commission, attempted commission, or immediate
60flight from the commission or attempted commission of any predicate offense, or
61is a party to the predicate offense;
62(ii) an individual other than a party described in Section 76-2-202 is killed in the
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Enrolled Copy  H.B. 284
63course of the commission, attempted commission, or immediate flight from the
64commission or attempted commission of any predicate offense; and
65(iii) the actor acted with the intent required as an element of the predicate offense;
66      (e) the actor recklessly causes the death of a peace officer or military service member in
67uniform while in the commission or attempted commission of:
68(i) an assault against a peace officer under Section 76-5-102.4;
69(ii) interference with a peace officer while making a lawful arrest under Section
7076-8-305 if the actor uses force against the peace officer; or
71(iii) an assault against a military service member in uniform under Section 76-5-102.4;
72or
73      (f) the actor commits a homicide that would be aggravated murder, but the offense is
74reduced in accordance with Subsection 76-5-202(4).
75  (3)(a)(i) A violation of Subsection (2) is a first degree felony.
76(ii) A defendant who is convicted of murder shall be sentenced to imprisonment for
77an indeterminate term of not less than 15 years and which may be for life.
78      (b) Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder,
79or alternatively, attempted murder, as described in this section are proved beyond a
80reasonable doubt, and also finds that the existence of special mitigation is established
81by a preponderance of the evidence and in accordance with Section 76-5-205.5, the
82court shall enter a judgment of conviction as follows:
83(i) if the trier of fact finds the defendant guilty of murder, the court shall enter a
84judgment of conviction for manslaughter; or
85(ii) if the trier of fact finds the defendant guilty of attempted murder, the court shall,
86notwithstanding Subsection 76-4-102(1)(b) or 76-4-102(1)(c), enter a judgment of
87conviction for attempted manslaughter.
88  (4)(a) It is an affirmative defense to a charge of murder or attempted murder that the
89      defendant caused the death of another individual or attempted to cause the death of
90      another individual under a reasonable belief that the circumstances provided a legal
91      justification or excuse for the conduct although the conduct was not legally justifiable
92      or excusable under the existing circumstances.
93      (b) The reasonable belief of the actor under Subsection (4)(a) shall be determined from
94the viewpoint of a reasonable person under the then existing circumstances.
95      (c) Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder, or
96alternatively, attempted murder, as described in this section are proved beyond a
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 H.B. 284  Enrolled Copy
97reasonable doubt, and also finds the affirmative defense described in this Subsection
98(4) is not disproven beyond a reasonable doubt, the court shall enter a judgment of
99conviction as follows:
100(i) if the trier of fact finds the defendant guilty of murder, the court shall enter a
101judgment of conviction for manslaughter; or
102(ii) if the trier of fact finds the defendant guilty of attempted murder, the court shall
103enter a judgment of conviction for attempted manslaughter.
104   (5)(a) Any predicate offense that constitutes a separate offense does not merge with the
105crime of murder.
106(b) An actor who is convicted of murder, based on a predicate offense that constitutes a
107separate offense, may also be convicted of, and punished for, the separate offense.
108Section 2. Effective Date.
109   This bill takes effect on May 6, 2026.
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