Section 101 – Utah State Defense Force — How constituted.

• (1) Unless exempt under Subsection (2), all able-bodied citizens, and all able-bodied individuals of foreign birth who have declared their intention to become citizens, are 18 years old or older and younger than 64 years old, and are residents of this state, constitute the Utah State Defense Force.

• (2) Individuals exempt from Subsection (1) include:
  • (a) individuals exempted from military service by laws of the United States;
  • (b) individuals exempted from military service by the laws of this state;
  • (c) all individuals who have been honorably discharged from the armed forces, or volunteer forces of the United States;
  • (d) active members of any regularly organized fire or police department in any city or town, but a member of the active defense force may not be relieved from duty because the individual joined any volunteer fire company or department;
  • (e) judges and clerks of courts of record;
  • (f) state and county civil officers holding office by election;
  • (g) state officers appointed by the governor for a specified term of office;
  • (h) ministers of the gospel; and
  • (i) practicing physicians and hospital officers and assistants.

• (3) All individuals described in Subsection (1) are liable to military duty in case of war, insurrection, invasion, tumult, riot, or public disaster, or imminent danger of any of these, or after voluntarily enlisting in the National Guard of this state.

Renumbered and Amended by Chapter 373, 2022 General Session