Utah Code 76-6-604. Defense to action by person detained
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Terms Used In Utah Code 76-6-604
- Arrest: Taking physical custody of a person by lawful authority.
- Merchant: means an owner or operator of any retail mercantile establishment where merchandise is displayed, held, or offered for sale and includes the merchant's employees, servants, or agents. See Utah Code 76-6-601
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
In any action for false arrest, false imprisonment, unlawful detention, defamation of character, assault, trespass, or invasion of civil rights brought by any person detained by the merchant, it shall be a defense to such action that the merchant detaining such person had probable cause to believe that the person had committed retail theft and that the merchant acted reasonably under all circumstances.
Enacted by Chapter 78, 1979 General Session