Utah § 76-5-305 Defenses.

Utah Statutes

§ 76-5-305 — Defenses.

Utah·Title 76 Utah Criminal Code·Ch. 76-5 Offenses Against the Individual·Part 76-5-3 Kidnapping, Trafficking, and Smuggling

(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.

Utah § 76-5-305 (Defenses.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.