§ 76-2-404 — Law enforcement officer use of deadly force.

(1) As used in this section:

(1)(a) "Deadly force" means force that creates or is likely to create, or that the individual using the force intends to create, a substantial likelihood of death or serious bodily injury to an individual.
(1)(b) "Officer" means an officer described in Section 53-13-102.
(1)(c) "Serious bodily injury" means the same as that term is defined in Section 76-1-101.5.
(2) The defense of justification applies to the use of deadly force by an officer, or an individual acting by the officer's command in providing aid and assistance, when:

(2)(a) the officer is acting in obedience to and in accordance with the judgment of a competent court in executing a penalty of death under Subsection 77-18-113(2), (3), or (4);
(2)(b) effecting an arrest or preventing an escape from custody following an arrest, if:
(2)(b)(i) the officer reasonably believes that deadly force is necessary to prevent the arrest from being defeated by escape; and
(2)(b)(ii) (2)(b)(ii)(A) the officer has probable cause to believe that the suspect has committed a felony offense involving the infliction or threatened infliction of death or serious bodily injury; or
(2)(b)(ii)(B) the officer has probable cause to believe the suspect poses a threat of death or serious bodily injury to the officer or to an individual other than the suspect if apprehension is delayed; or
(2)(c) the officer reasonably believes that the use of deadly force is necessary to prevent death or serious bodily injury to the officer or an individual other than the suspect.
(3) If feasible, a verbal warning should be given by the officer prior to any use of deadly force under Subsection (2)(b) or (2)(c).

Legislative History

Amended by Chapter 181, 2022 General Session