76-2-406. Force in defense of property -- Affirmative defense.

215 words·~1 min read·/ut/title-76/chapter-2/76-2-406

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

Effective 5/7/2025

(1)Except as provided in Section 76-2-405 , an actor is justified in using force, other than deadly force, against another individual when and to the extent that the actor reasonably believes that force is necessary to prevent or terminate the individual's criminal interference with:

(a)real or personal property lawfully in the actor's possession;

(b)real or personal property lawfully in the possession of a member of the actor's immediate family;

(c)real or personal property belonging to an individual whose property the actor has a legal duty to protect; or

(d)personal property that the actor reasonably believes belongs to another person and that individual's criminal interference is meant to deprive the other person of the person's personal property.

(2)In determining reasonableness under Subsection (1), the trier of fact shall, in addition to any other factors, consider the following factors:

(a)the apparent or perceived extent of the damage to the property;

(b)property damage previously caused by the other individual;

(c)threats of personal injury or damage to property that have been made previously by the other individual; and

(d)any patterns of abuse or violence between the actor and the individual.

Amended by Chapter 199 , 2025 General Session