Utah Code 76-2-401. Justification as defense — When allowed
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(1) Conduct which is justified is a defense to prosecution for any offense based on the conduct. The defense of justification may be claimed:
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
(1)(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;
(1)(b) when the actor’s conduct is reasonable and in fulfillment of his duties as a governmental officer or employee;
(1)(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);
(1)(d) when the actor’s conduct is reasonable discipline of persons in custody under the laws of the state; or
(1)(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.