Effective 5/4/2022 76-2-401. Justification as defense — When allowed. (1) Conduct which is justified is a defense to prosecution for any offense based on the conduct. The defense of justification may be claimed: (a) when the actor’s conduct is in defense of persons or property under the circumstances described in Sections 76-2-402 through 76-2-406 of […]
Effective 5/4/2022 76-2-402. Force in defense of person — Forcible felony defined. (1) As used in this section: (a) “Forcible felony” means aggravated assault, mayhem, aggravated murder, murder, manslaughter, kidnapping and aggravated kidnapping, rape, forcible sodomy, rape of a child, object rape, object rape of a child, sexual abuse of a child, aggravated sexual abuse […]
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
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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
