What Is the Death Penalty in Utah? Law, Methods, and Current Status Explained

Utah is one of 27 U.S. states that still allow the death penalty. The punishment can be imposed in cases of aggravated murder under strict conditions. Debate over its use has resurfaced after the killing of conservative activist Charlie Kirk in Utah.

The case has pushed officials and leaders to speak about capital punishment. Utah’s Governor Spencer Cox noted that “we still have the death penalty” when asked about possible charges. Former President Donald Trump also urged prosecutors to seek the punishment if the suspect is convicted.

Death Penalty Law in Utah

Utah’s death penalty law is detailed in Section 76-5-202 of the Utah Code. It applies to aggravated murder cases. This includes when the crime creates a great risk of death to others or involves premeditation.

According to the Death Penalty Information Center, prosecutors must file a formal notice of intent to seek the death penalty within 60 days of a defendant’s arraignment. A unanimous jury decision is required to impose the sentence. If jurors cannot agree, the punishment becomes life in prison.

Utah uses both lethal injection and the firing squad. The state has executed eight people since the U.S. Supreme Court reinstated capital punishment in 1976. The most recent was in 2010 by firing squad. KUTV reported last week that only four men remain on Utah’s death row, and they have waited decades without execution.

How Utah Compares Nationally

The United States is one of the few developed nations that still carries out executions. According to Reuters, capital punishment has been declining nationwide. Some states have abolished it, while others rarely use it.

Utah lawmakers have debated ending the death penalty but declined to repeal it in recent years. Supporters argue it deters crime and offers justice to victims. Opponents say it is costly, slow, and risks wrongful execution.

Federally, the Trump administration restarted executions after years of pause. The Biden administration halted them and commuted several sentences. If Utah charges Kirk’s alleged killer with capital murder, federal prosecutors could also bring their own case. Both systems can apply without violating double jeopardy.

Death Penalty in Practice

Capital trials are long and complex. They involve multiple appeals and higher legal standards. Even with a conviction, executions often take decades to carry out.

Utah’s history shows this slow pace. Many on death row die of natural causes before an execution date is set. The firing squad option makes Utah unique, though it has been rarely used.

The death penalty in Utah remains legal, rare, and highly debated. Its use in the Charlie Kirk case will depend on prosecutors, jurors, and politics.

FYI (keeping you in the loop)-

Q1: What crimes qualify for the death penalty in Utah?

Aggravated murder qualifies, such as killing with premeditation or creating a grave risk to others. Lesser crimes do not qualify.

Q2: What execution methods does Utah use?

Utah allows lethal injection as the primary method. The firing squad is a secondary option if drugs are unavailable.

Q3: How many people are on Utah’s death row?

As of 2025, only four men remain on death row in Utah. They have waited decades without execution dates set.

Q4: When was the last execution in Utah?

The last execution was in 2010. Ronnie Lee Gardner was executed by firing squad after years of appeals.

Q5: Does a jury have to agree on the death penalty?

Yes. A unanimous jury recommendation is required. If jurors cannot agree, the sentence becomes life in prison.