39A-5-114.5. Use of force in defense of equipment and personnel of the National Guard or military.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(1)As used in this section, "deadly force" means the same as that term is defined Section 76-2-404 .

(2)A military service member or a member of the National Guard may use force, including deadly force, to defend military or National Guard equipment or personnel, if:

(a)the member is on official duty to defend equipment or personnel of the military or National Guard; and

(b)the use of force is used in accordance with the military or National Guard regulations and doctrine regarding the appropriate use of force in the defense of equipment or personnel.

(a)Before a military service member or a member of the National Guard is assigned to official duty to defend equipment or personnel, the servicing staff judge advocate shall provide a briefing to the member on the rules for the use of force under this section and in accordance with military or National Guard regulations and doctrine.

(b)A military service member or a member of the National Guard who does not receive the briefing described in Subsection (3)(a) may still claim the privilege described in Subsection

(2)if the member is not at fault for not receiving the briefing.

Enacted by Chapter 257 , 2025 General Session