| (1) |
A person may not recover from the victim of a crime for personal injury or property damage if:
Terms Used In Utah Code 78B-3-110- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means :Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
| (a) |
the person entered the property of the victim or the victim’s family with criminal intent and the injury or damage was inflicted by the victim or occurred while the person was on the victim’s property; or |
| (b) |
the person committed a crime against the victim or the victim’s family, during which the damage or injury occurred. |
|
| (2) |
The provisions of Subsection (1) do not apply if the person can prove by clear and convincing evidence that the person’s actions did not constitute a crime. |
| (3) |
Subsection (1) applies to any next-of-kin, heirs, or personal representatives of the person if the person acquires a disability or is killed. |
| (4) |
Subsections (1) and (2) do not apply if the person committing or attempting to commit the crime has clearly retreated from the criminal activity. |
| (5) |
“Clearly retreated” means that the person committing the criminal act has fully, clearly, and immediately ceased all hostile, threatening, violent, or criminal behavior or activity. |
Amended by Chapter 36, 2012 General Session
