76-6-803.90.  Liability — Defense — Probable cause — Reasonableness.

(1) 

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Terms Used In Utah Code 76-6-803.90

  • Arrest: Taking physical custody of a person by lawful authority.
  • 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.
(a)  As used in this section, “library” means the same as that term is defined in Section 76-6-801.

(b)  Terms defined in Section 76-1-101.5 apply to this section.

(2)  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 an employee of the library, it is a defense to the action that the employee of the library detaining the person had probable cause to believe that the person had committed library theft and that the employee acted reasonably under all circumstances.

Amended by Chapter 111, 2023 General Session