The Death Penalty in Utah
How Utah law treats death penalty, from the state code and official state agencies.
Short answer: Utah has the death penalty. Aggravated murder (an intentional or knowing killing with a listed aggravating circumstance) is a capital felony when the prosecutor files a notice of intent to seek death; Utah Code §§ 76-5-202(3), 76-3-206(2); 77-18-113; 77-19-10
| Death penalty | Utah has the death penalty. Aggravated murder (an intentional or knowing killing with a listed aggravating circumstance) is a capital felony when the prosecutor files a notice of intent to seek death; otherwise it is a noncapital first degree felony. For an offender 18 or older, a capital felony is punished by death, an indeterminate prison term of at least 25 years that may be for life, or life without parole (death and life without parole do not apply to an offender under 18 sentenced on or after May 10, 2016). Lethal intravenous injection is the method of execution; a firing squad is used if a court holds the defendant has a right to it, if lethal injection is held unconstitutional, or if the court finds the state cannot lawfully obtain the drugs at least 30 days before the execution date. Method: https://le.utah.gov/xcode/Title77/Chapter18/77-18-S113.html ; Official Utah Code PDF of Title 76, version effective 7/1/2026. |
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FAQ
Does Utah have the death penalty?
Utah has the death penalty. Aggravated murder (an intentional or knowing killing with a listed aggravating circumstance) is a capital felony when the prosecutor files a notice of intent to seek death; otherwise it is a noncapital first degree felony. For an offender 18 or older, a capital felony is punished by death, an indeterminate prison term of at least 25 years that may be for life, or life without parole (death and life without parole do not apply to an offender under 18 sentenced on or after May 10, 2016). Lethal intravenous injection is the method of execution; a firing squad is used if a court holds the defendant has a right to it, if lethal injection is held unconstitutional, or if the court finds the state cannot lawfully obtain the drugs at least 30 days before the execution date.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.