Section 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 this part;
  • (b) when the actor’s conduct is reasonable and in fulfillment of his duties as a governmental officer or employee;
  • (c) when the actor’s conduct is reasonable discipline of minors by parents, guardians, teachers, or other persons in loco parentis, as limited by Subsection (2);
  • (d) when the actor’s conduct is reasonable discipline of persons in custody under the laws of the state; or
  • (e) when the actor’s conduct is justified for any other reason under the laws of this state.

• (2) The defense of justification under Subsection (1)(c) is not available if the offense charged involves causing serious bodily injury, as defined in Section 76-1-101.5, serious physical injury, as defined in Section 76-5-109, or the death of the minor.

Amended by Chapter 181, 2022 General Session