76-2-401. Justification as defense — When allowed.
| (1) |
Conduct which is justified is a defense to prosecution for any offense based on the conduct. The defense of justification may be claimed:
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Terms Used In Utah Code 76-2-401- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-101.5
- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
when the actor‘s conduct is in defense of persons or property under the circumstances described in Sections 76-2-402 through 76-2-406 of this part; |
| (b) |
when the actor’s conduct is reasonable and in fulfillment of his duties as a governmental officer or employee; |
| (c) |
when the actor’s conduct is reasonable discipline of minors by parents, guardians, teachers, or other persons in loco parentis, as limited by Subsection (2); |
| (d) |
when the actor’s conduct is reasonable discipline of persons in custody under the laws of the state; or |
| (e) |
when the actor’s conduct is justified for any other reason under the laws of this state. |
|
| (2) |
The defense of justification under Subsection (1)(c) is not available if the offense charged involves causing serious bodily injury, as defined in Section 76-1-101.5, serious physical injury, as defined in Section 76-5-109, or the death of the minor. |
Amended by Chapter 181, 2022 General Session
