Utah § 76-5-305 Defenses.

Utah Statutes

§ 76-5-305 — Defenses.

Utah § 76-5-305

Title 76Utah Criminal Code

Ch. 76-5Offenses Against the Individual

Part 76-5-3Kidnapping, Trafficking, and Smuggling

This text of Utah § 76-5-305 (Defenses.) 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. § 76-5-305 (2026).

Text

(1)It is a defense under this part that:

(1)(a) the actor was acting under a reasonable belief that:

(1)(a)(i) the conduct was necessary to protect any individual from imminent bodily injury or death; or

(1)(a)(ii) the detention or restraint was authorized by law; or

(1)(b) the alleged victim is younger than 18 years old or is a dependent adult, as defined in Section 76-5-111, and the actor was acting under a reasonable belief that the custodian, guardian, caretaker, legal guardian, custodial parent, or person acting in loco parentis to the victim would, if present, have consented to the actor's conduct.

(2)Subsection (1)(b) may not be used as a defense to conduct described in Section 76-5-308.5.

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(1) It is a defense under this part that:

(1)(a) the actor was acting under a reasonable belief that:
(1)(a)(i) the conduct was necessary to protect any individual from imminent bodily injury or death; or
(1)(a)(ii) the detention or restraint was authorized by law; or
(1)(b) the alleged victim is younger than 18 years old or is a dependent adult, as defined in Section 76-5-111, and the actor was acting under a reasonable belief that the custodian, guardian, caretaker, legal guardian, custodial parent, or person acting in loco parentis to the victim would, if present, have consented to the actor's conduct.
(2) Subsection (1)(b) may not be used as a defense to conduct described in Section 76-5-308.5.