Utah Armed Self-Defense Laws
76-2-402 Deadly Force
Force can only be used to stop an imminent use of unlawful force.
A person is justified in threatening or using force against another when and to the extent that the person reasonably believes that force or a threat of force is necessary to defend the person or a third person against another person's imminent use of unlawful force.
Deadly force is only justified to stop death, seriously bodily injury, or to prevent the commission of a forcible felony.
A person is justified in using force intended or likely to cause death or serious bodily injury only if the person reasonably believes that force is necessary to prevent death or serious bodily injury to the person or a third person as a result of another person's imminent use of unlawful force, or to prevent the commission of a forcible felony.
A person is not justified in using force, if they:
No Duty to Retreat (Stand Your Ground)
A person does not have a duty to retreat from the force or threatened force in a place where that person has lawfully entered or remained.
A person is justified in threatening or using force against another when and to the extent that the person reasonably believes that force or a threat of force is necessary to defend the person or a third person against another person's imminent use of unlawful force.
Deadly force is only justified to stop death, seriously bodily injury, or to prevent the commission of a forcible felony.
A person is justified in using force intended or likely to cause death or serious bodily injury only if the person reasonably believes that force is necessary to prevent death or serious bodily injury to the person or a third person as a result of another person's imminent use of unlawful force, or to prevent the commission of a forcible felony.
A person is not justified in using force, if they:
- Initially provoke the other person with the intent to use force as an excuse to inflict bodily harm upon the assailant;
- Are in association with the commission of a felony, including attempts and fleeing;
- Was the aggressor or was engaged in mutual combat, unless:
- The person withdraws from the fight;
- Effectively communicates to the other person his intent to do so;
- And the other person continues or threatens to continue the use of unlawful force.
No Duty to Retreat (Stand Your Ground)
A person does not have a duty to retreat from the force or threatened force in a place where that person has lawfully entered or remained.
76-2-405 Castle Doctrine
Use of force is justifiable to prevent or terminate an unlawful entry into one's home. Lethal force is only justified when:
The person using force or deadly force in defense of habitation 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 entry or attempted entry is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony.
- The entry is made or attempted in a violent and tumultuous manner, surreptitiously, or by stealth;
- A reasonable belief exists that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person, dwelling, or being inside;
- A reasonable belief exists that the force is necessary to prevent the assault or offer of personal violence.
The person using force or deadly force in defense of habitation 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 entry or attempted entry is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony.
76-2-407 Self-Defense Against Trespassing
A person may use deadly force outside of their home, on their own property (outside on their own land), to stop trespassing when:
- The defender is in lawful possession of the real property (owner, renter, or resident);
- A reasonable belief exists that force is necessary to prevent or terminate a trespass;
- The trespass is made or attempted by use of force or in a violent and tumultuous manner; and
- Force is reasonably necessary to prevent personal violence or the commission of that forcible felony.
Can I shoot people for stealing? 76-2-406
Deadly force is not permitted to defend solely against property. You may not use deadly force to stop theft, vandalism, or another property crime. Less-than-lethal force is permitted when reasonably necessary that force is necessary to prevent or terminate interference with real property or personal property that is:
- Interference with real property or personal property;
- Lawfully in the possession of a member of the person's immediate family; or
- Belonging to a person whose property the person has a legal duty to protect.
Civil Immunity 78B-3-110
A person (the attacker) may not recover from the victim of a crime for personal injury or property damage if 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 the person committed a crime against the victim or the victim's family, during which the damage or injury occurred.
Relatives of a dead attacker also cannot recover damages.
This does not apply if the attacker was clearly retreating or the person can prove by clear and convincing evidence that their actions did not constitute a crime.
Relatives of a dead attacker also cannot recover damages.
This does not apply if the attacker was clearly retreating or the person can prove by clear and convincing evidence that their actions did not constitute a crime.