76-1-103 - Application of code -- Offense prior to effective date.
76-1-103. Application of code -- Offense prior to effective date.
(1) The provisions of this code shall govern the construction of, the punishment for, anddefenses against any offense defined in this code or, except where otherwise specifically providedor the context otherwise requires, any offense defined outside this code; provided such offensewas committed after the effective date of this code.
(2) Any offense committed prior to the effective date of this code shall be governed bythe law, statutory and non-statutory, existing at the time of commission thereof, except that adefense or limitation on punishment available under this code shall be available to any defendanttried or retried after the effective date. An offense under the laws of this state shall be deemed tohave been committed prior to the effective date of this act if any of the elements of the offenseoccurred prior thereto.
Enacted by Chapter 196, 1973 General Session