76-2-407. Deadly force in defense of individuals on real property.

311 words·~1 min read·/ut/title-76/chapter-2/76-2-407

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

Effective 5/1/2024

(1)As used in this section, "forcible felony" means the same as that term is defined in Section 76-2-402 .

(2)An actor is justified in using force intended or likely to cause death or serious bodily injury against an individual in the actor's defense of another individual on real property other than the places or situations described in Section 76-2-405 if:

(a)the actor is in lawful possession of the real property;

(b)the actor reasonably believes that the force is necessary to prevent or terminate the individual's trespass onto the real property;

(c)the individual's trespass is made or attempted by use of force or in a violent and tumultuous manner; and

(i)the actor reasonably believes:

(A)that the individual's trespass is attempted or made for the purpose of committing violence against an individual on the real property; and

(B)that the force is necessary to prevent personal violence; or

(ii)the actor reasonably believes that:

(A)the individual's trespass is made or attempted for the purpose of committing a forcible felony that poses imminent peril of death or serious bodily injury to an individual on the real property; and

(B)the force is necessary to prevent the commission of the forcible felony.

(3)An actor who uses deadly force in defense of an individual on real property under Subsection

(2)is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the trespass or attempted trespass:

(a)is unlawful; and

(b)is made or attempted:

(i)by use of force;

(ii)in a violent and tumultuous manner; or

(iii)for the purpose of committing a forcible felony.

Amended by Chapter 189 , 2024 General Session