Section 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 described in Section 53-13-102.
  • (c) “Serious bodily injury” means the same as that term is defined in Section 76-1-101.5.

• (2) The defense of justification applies to the use of deadly force by an officer, or an individual acting by the officer’s command in providing aid and assistance, when:
  • (a) the officer is acting in obedience to and in accordance with the judgment of a competent court in executing a penalty of death under Subsection 77-18-113(2), (3), or (4);
  • (b) effecting an arrest or preventing an escape from custody following an arrest, if:
    • (i) the officer reasonably believes that deadly force is necessary to prevent the arrest from being defeated by escape; and
    • (ii)
      • (A) the officer has probable cause to believe that the suspect has committed a felony offense involving the infliction or threatened infliction of death or serious bodily injury; or
      • (B) the officer has probable cause to believe the suspect poses a threat of death or serious bodily injury to the officer or to an individual other than the suspect if apprehension is delayed; or
  • (c) the officer reasonably believes that the use of deadly force is necessary to prevent death or serious bodily injury to the officer or an individual other than the suspect.

• (3) If feasible, a verbal warning should be given by the officer prior to any use of deadly force under Subsection (2)(b) or (2)(c).

Amended by Chapter 181, 2022 General Session