Utah Code 76-2-406. Force in defense of property — Affirmative defense
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(1) Except as provided in Section 76-2-405 , an actor is justified in using force, other than deadly force, against another individual when and to the extent that the actor reasonably believes that force is necessary to prevent or terminate the individual’s criminal interference with real property or personal property:
Terms Used In Utah Code 76-2-406
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
(1)(a) lawfully in the actor’s possession;
(1)(b) lawfully in the possession of a member of the actor’s immediate family; or
(1)(c) belonging to an individual whose property the actor has a legal duty to protect.
(2) In determining reasonableness under Subsection (1), the trier of fact shall, in addition to any other factors, consider the following factors:
(2)(a) the apparent or perceived extent of the damage to the property;
(2)(b) property damage previously caused by the other individual;
(2)(c) threats of personal injury or damage to property that have been made previously by the other individual; and
(2)(d) any patterns of abuse or violence between the actor and the individual.