Utah Code 76-2-407. Deadly force in defense of individuals on real property
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(1) As used in this section, “forcible felony” means the same as that term is defined in Section 76-2-402 .
Terms Used In Utah Code 76-2-407
- 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
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: includes :(31)(a) land;(31)(b) a tenement;(31)(c) a hereditament;(31)(d) a water right;(31)(e) a possessory right; and(31)(f) a claim. See Utah Code 68-3-12.5
- Serious bodily injury: means bodily injury that creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death. See Utah Code 76-1-101.5
(2) An actor is justified in using force intended or likely to cause death or serious bodily injury against an individual in the actor’s defense of another individual on real property other than the places or situations described in Section76-2-405 if:(2)(a) the actor is in lawful possession of the real property;(2)(b) the actor reasonably believes that the force is necessary to prevent or terminate the individual’s trespass onto the real property;(2)(c) the individual’s trespass is made or attempted by use of force or in a violent and tumultuous manner; and(2)(d)(2)(d)(i) the actor reasonably believes:(2)(d)(i)(A) that the individual’s trespass is attempted or made for the purpose of committing violence against an individual on the real property; and(2)(d)(i)(B) that the force is necessary to prevent personal violence; or(2)(d)(ii) the actor reasonably believes that:(2)(d)(ii)(A) the individual’s trespass is made or attempted for the purpose of committing a forcible felony that poses imminent peril of death or serious bodily injury to an individual on the real property; and(2)(d)(ii)(B) the force is necessary to prevent the commission of the forcible felony.(3) An actor who uses deadly force in defense of an individual on real property under Subsection (2) is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the trespass or attempted trespass:(3)(a) is unlawful; and(3)(b) is made or attempted:(3)(b)(i) by use of force;(3)(b)(ii) in a violent and tumultuous manner; or(3)(b)(iii) for the purpose of committing a forcible felony.