(1) Unless exempt under Subsection (3), in accordance with the Utah

Constitution, Article XV, Section 1, all able-bodied male inhabitants of the state, between the ages of 18 and 45 years old, except such as are exempted by law, constitute the Utah State Defense Force.

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Terms Used In Utah Code 39A-4-101

  • Adjutant general: means the commanding general of the Utah National Guard as appointed by the governor under Section 39A-1-201. See Utah Code 39A-1-102
  • Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
  • National Guard: means the Utah National Guard created in Section 39A-3-101 and in accordance with Utah Constitution Article XV. See Utah Code 39A-1-102
  • 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
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(2) Individuals 18 years old or older, who are residents of the state, may volunteer for consideration by the adjutant general to be members of the Utah State Defense Force.
(3) Individuals exempt from Subsection (1) include:

     (3)(a) individuals exempted from military service by laws of the United States;
     (3)(b) individuals exempted from military service by the laws of this state;
     (3)(c) all individuals who have been honorably discharged from the armed forces, or volunteer forces of the United States;
     (3)(d) active members of any regularly organized fire or police department in any city or town, but a member of the active defense force may not be relieved from duty because the individual joined any volunteer fire company or department;
     (3)(e) judges and clerks of courts of record;
     (3)(f) state and county civil officers holding office by election;
     (3)(g) state officers appointed by the governor for a specified term of office;
     (3)(h) ministers of the gospel; and
     (3)(i) practicing physicians and hospital officers and assistants.
(4) All individuals described in Subsection (1) are liable to military duty in case of war, insurrection, invasion, tumult, riot, or public disaster, or imminent danger of any of these, or after voluntarily enlisting in the National Guard of this state.