Utah § 76-2-401 Justification as defense -- When allowed.

Utah Statutes

§ 76-2-401 — Justification as defense -- When allowed.

Utah § 76-2-401

Title 76Utah Criminal Code

Ch. 76-2Principles of Criminal Responsibility

Part 76-2-4Justification Excluding Criminal Responsibility

This text of Utah § 76-2-401 (Justification as defense -- When allowed.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 76-2-401 (2026).

Text

(1)Conduct which is justified is a defense to prosecution for any offense based on the conduct. The defense of justification may be claimed:

(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 defe

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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:
(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 injury, as defined in Section 76-5-109, or the death of the minor.