Section 404 – Law enforcement officer use of deadly force.
Effective 5/4/2022 76-2-404. Law enforcement officer use of deadly force. (1) As used in this section: (a) “Deadly force” means force that creates or is likely to create, or that the individual using the force intends to create, a substantial likelihood of death or serious bodily injury to an individual. (b) “Officer” means an officer […]
Section 405 – Force in defense of habitation.
76-2-405. Force in defense of habitation. (1) A person is justified in using force against another when and to the extent that he reasonably believes that the force is necessary to prevent or terminate the other’s unlawful entry into or attack upon his habitation; however, he is justified in the use of force which is […]
Section 406 – Force in defense of property — Affirmative defense.
76-2-406. Force in defense of property — Affirmative defense. (1) A person is justified in using force, other than deadly force, against another when and to the extent that the person reasonably believes that force is necessary to prevent or terminate another person’s criminal interference with real property or personal property: (a) lawfully in the […]
Section 407 – Deadly force in defense of persons on real property.
76-2-407. Deadly force in defense of persons on real property. (1) A person is justified in using force intended or likely to cause death or serious bodily injury against another in his defense of persons on real property other than his habitation if: (a) he is in lawful possession of the real property; (b) he […]
Section 408 – Officer use of force — Investigations.
Effective 5/4/2022 76-2-408. Officer use of force — Investigations. (1) As used in this section: (a) “Dangerous weapon” means a firearm or an object that in the manner of its use or intended use is capable of causing death or serious bodily injury to an individual. (b) “Deadly force” means a force that creates or […]
Section 409 – Battered person mitigation.
Effective 5/12/2020 76-2-409. Battered person mitigation. (1) As used in this section: (a) “Abuse” means the same as that term is defined in Section 78B-7-102. (b) “Cohabitant” means: (i) the same as that term is defined in Section 78B-7-102; or (ii) the relationship of a minor and a natural parent, an adoptive parent, a stepparent, […]
Section 403 – Force in arrest.
76-2-403. Force in arrest. Any person is justified in using any force, except deadly force, which he reasonably believes to be necessary to effect an arrest or to defend himself or another from bodily harm while making an arrest. Enacted by Chapter 196, 1973 General Session
Section 304 – Ignorance or mistake of fact or law.
76-2-304. Ignorance or mistake of fact or law. (1) Unless otherwise provided, ignorance or mistake of fact which disproves the culpable mental state is a defense to any prosecution for that crime. (2) Ignorance or mistake concerning the existence or meaning of a penal law is no defense to a crime unless: (a) Due to […]
Section 304.5 – Mistake as to victim’s age not a defense.
Effective 5/4/2022 76-2-304.5. Mistake as to victim’s age not a defense. (1) It is not a defense to the crime of child kidnapping, a violation of Section 76-5-301.1; rape of a child, a violation of Section 76-5-402.1; object rape of a child, a violation of Section 76-5-402.3; sodomy on a child, a violation of Section […]
Section 305 – Mental illness — Use as a defense — Influence of alcohol or other substance voluntarily consumed — Definition.
Effective 5/10/2016 76-2-305. Mental illness — Use as a defense — Influence of alcohol or other substance voluntarily consumed — Definition. (1) (a) It is a defense to a prosecution under any statute or ordinance that the defendant, as a result of mental illness, lacked the mental state required as an element of the offense […]