77-7-3. Temporary detention made by a private individual.

262 words·~1 min read·/ut/title-77/chapter-7/77-7-3

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

Effective 5/7/2025

(1)A private individual may temporarily detain another individual:

(a)for a public offense committed or attempted in the private individual's presence; or

(b)when a felony has been committed and the private individual has reasonable cause to believe the individual who the private individual seeks to temporarily detain has committed the felony.

(a)A temporary detention under Subsection

(1)is lawful only if:

(i)the private individual immediately contacts law enforcement to notify law enforcement of the situation and the temporary detention; and

(ii)the temporary detention lasts only until a law enforcement officer arrives.

(b)A private individual is not required to immediately contact law enforcement as described in Subsection (2)(a)(i) if the private individual knows that another individual has already contacted law enforcement to notify law enforcement of the situation and the temporary detention.

(3)A private individual who in good faith conducts a lawful temporary detention under this section is:

(a)not liable for civil damages or penalties as a result of an act or omission by the private individual in performing the temporary detention unless the private individual was grossly negligent; and

(b)not subject to criminal prosecution for an act or omission by the private individual in performing the temporary detention unless the private individual was criminally negligent.

(4)A private individual may use force while temporarily detaining another individual under this section as described in Section 77-7-7.1 .

Amended by Chapter 199 , 2025 General Session

Amended by Chapter 302 , 2025 General Session