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Terms Used In Utah Code 77-15a-103

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Intellectual disability: means a significant, subaverage general intellectual functioning that:
         (16)(a) exists concurrently with deficits in adaptive behavior; and
         (16)(b) is manifested during the developmental period as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. See Utah Code 68-3-12.5

     The court in which a capital charge is pending may raise the issue of the defendant‘s intellectual disability at any time. If raised by the court, counsel for each party shall be allowed to address the issue of intellectual disability.