76-5-305. Defenses.
| (1) |
It is a defense under this part that:
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Terms Used In Utah Code 76-5-305- 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
- Dependent: A person dependent for support upon another.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:Utah Code 68-3-12.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
| (a) |
the actor was acting under a reasonable belief that:
| (i) |
the conduct was necessary to protect any individual from imminent bodily injury or death; or |
| (ii) |
the detention or restraint was authorized by law; or |
|
| (b) |
the alleged victim is younger than 18 years old or is a dependent adult, as defined in Section 76-5-111, and the actor was acting under a reasonable belief that the custodian, guardian, caretaker, legal guardian, custodial parent, or person acting in loco parentis to the victim would, if present, have consented to the actor’s conduct. |
|
| (2) |
Subsection (1)(b) may not be used as a defense to conduct described in Section 76-5-308.5. |
Amended by Chapter 181, 2022 General Session
