76-2-401

  &nb= sp; 76-2-401.  = ; Justification as defense -- When allowed.
     (1) Conduct which is justified is a defense to prosecution for any offense based on the conduct. The defense of justificat= ion may be claimed:
     (a) when the actor's conduct is in defense of pers= ons or property under the circumstances described in Sections 76-2-402 through 76-2-406 of this part;
     (b) when the actor's conduct is reasonable and in fulfillment of his duties as a governmental officer or employee;
     (c) when the actor's conduct is reasonable discipl= ine of minors by parents, guardians, teachers, or other persons in loco parenti= s, as limited by Subsection (2);
     (d) when the actor's conduct is reasonable discipl= ine of persons in custody under the laws of the state; or
     (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 bod= ily injury, as defined in Section 76-1-601, serious physical injury, as defined in Section 76-5-109, or the death of the minor.

  &nb= sp; 76-2-402.   Force in defense of person -- Forcible felony defined.
     (1) A person is justified in threatening or using force against another when and to the extent that he or she reasonably beli= eves that force is necessary to defend himself or a third person against such other's imminent use of unlawful force. However, that person is justified in using force intended or likely to cause death or serious bodily injury only= if he or she reasonably believes that force is necessary to prevent death or serious bodily injury to himself or a third person as a result of the other= 's imminent use of unlawful force, or to prevent the commission of a forcible felony.
     (2) A person is not justified in using force under= the circumstances specified in Subsection (1) if he or she:
     (a) initially provokes the use of force against himself with the intent to use force as an excuse to inflict bodily harm up= on the assailant;
     (b) is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony; or
     (c) (i) was the aggres= sor or was engaged in a combat by agreement, unless he withdraws from the encounter and effectively communicates to the other person his intent to do so and, notwithstanding, the other person continues or threatens to continue the us= e of unlawful force; and
     (ii) for purposes of Subsection (i) the following do not, by themselves, constitute "combat by agreement&q= uot;:
     (A) voluntarily entering into or remaining in an ongoing relationship; or
     (B) entering or remaining in a place where one has= a legal right to be.
     (3) A person does not have a duty to retreat from = the force or threatened force described in Subsection (1) in a place where that person has lawfully entered or remained, except = as provided in Subsection (2)(c).
     (4) For purposes of this section, a forcible felony includes aggravated assault, mayhem, aggravated murder, murder, manslaughte= r, kidnapping, and aggravated kidnapping, rape, forcible sodomy, rape of a chi= ld, object rape, object rape of a child, sexual abuse of a child, aggravated se= xual abuse of a child, and aggravated sexual assault as defined in Title 76, Cha= pter 5, and arson, robbery, and burglary as defined in Title 76, Chapter 6. Any other felony offense which involves the use of force or violence against a person so as to create a substantial danger of death or serious bodily inju= ry also constitutes a forcible felony. Burglary of a vehicle, defined in Secti= on 76-6-204, does not constitute a forcible felony except when the vehicle is occupied at the time unlawful entry is made or attempted.
     (5) In determining imminence or reasonableness und= er Subsection (1), the trier of fact may consider,= but is not limited to, any of the following factors:
     (a) the nature of the danger;
     (b) the immediacy of the danger;
     (c) the probability that the unlawful force would result in death or serious bodily injury;
     (d) the other's prior violent acts or violent propensities; and
     (e) any patterns of abuse or violence in the parti= es' relationship.

&nb= sp; 76-2-403. = ; Force in arrest.
Any person is justified in using any force, except deadly force, which he reasonably believes to be necessary to effect an arrest or to defend himself or another from = bodily harm while making an arrest.

  &nb= sp; 76-2-404.  = ; Peace officer's use of deadly force.
     (1) A peace officer, or any person acting by his command in his aid and assistance, is justified in using deadly force when:=
     (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 77-18-5.5(3) or (4);
     (b) effecting an arrest or preventing an escape fr= om custody following an arrest, where the officer reasonably believes that dea= dly force is necessary to prevent the arrest from being defeated by escape; and=
     (i) the officer has pr= obable cause to believe that the suspect has committed a felony offense involving = the infliction or threatened infliction of death or serious bodily injury; or      (ii) the officer has probable cause to believe the suspect poses a threat of death or serious bodily injury to the officer or = to others if apprehension is delayed; or
     (c) the officer reasonably believes that the use of deadly force is necessary to prevent death or serious bodily injury to the officer or another person.
     (2) If feasible, a verbal warning should be given = by the officer prior to any use of deadly force under Subsection (1)(b) or (1)(c).

  &nb= sp; 76-2-405.  = ; Force in defense of habitation.
     (1) A person is justified in using force against another when and to the extent that he reasonably believes that the force is necessary to prevent or terminate the other's unlawful entry into or attack upon his habitation; however, he is justified in the use of force which is intended or likely to cause death or serious bodily injury only if:
     (a) the entry is made or attempted in a violent and tumultuous manner, surreptitiously, or by stealth, and he reasonably believ= es that the entry is attempted or made for the purpose of assaulting or offeri= ng personal violence to any person, dwelling, or being in the habitation and he reasonably believes that the force is necessary to prevent the assault or o= ffer of personal violence; or
     (b) he reasonably believes that the entry is made = or attempted for the purpose of committing a felony in the habitation and that= the force is necessary to prevent the commission of the felony.
     (2) The person using force or deadly force in defe= nse 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 ma= de 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.

  &nb= sp; 76-2-406.  = ; Force in defense of property.
     A person is justified in using force, other than deadly force, against another when and to the extent that he reasonably believes that force is necessary to prevent or terminate criminal interfere= nce with real property or personal property:
     (1) Lawfully in his possession; or
     (2) Lawfully in the possession of a member of his immediate family; or
     (3) Belonging to a person whose property he has a legal duty to protect.

  &nb= sp; 76-2-407.  = ; Deadly force in defense of persons on real property.
     (1) A person is justified in using force intended = or likely to cause death or serious bodily injury against another in his defen= se of persons on real property other than his habitation if:
     (a) he is in lawful possession of the real propert= y;
     (b) he reasonably believes that the force is neces= sary to prevent or terminate the other person's trespass onto the real property;=
     (c) the trespass is made or attempted by use of fo= rce or in a violent and tumultuous manner; and
     (d) (i) the person reasonably believes that the trespass is attempted or made for the purpose = of committing violence against any person on the real property and he reasonab= ly believes that the force is necessary to prevent personal violence; or
     (ii) the person reasonably believes that the tresp= ass is made or attempted for the purpose of committing a forcible felony as def= ined in Section 76-2-402 that poses imminent peril of death or serious bo= dily injury to a person on the real property and that the force is necessary to prevent the commission of that forcible felony.
     (2) The person using deadly force in defense of persons on real property under Subsection (1) 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 trespass or attempted trespass is unlawful and is made or attempted by use of force, or= in a violent and tumultuous manner, or for the purpose of committing a forcible felony.

  &nb= sp; 76-8-311.1.   Secure areas -- Items prohibited -- Penalty.=
     (1) In addition to the definitions in Section 7= 6-10-501, as used in this section:
     (a) "Correctional facility" has the same meaning as defined in Section 76-8-311.3.
     (b) "Explosive" has the same meaning as defined for "explosive, chemical, or incendiary device" defined in Section 76-10-306.
     (c) "Law enforcement facility" means a facility which is owned, leased, or operated by a law enforcement agency.      (d) "Mental health facility" has the same meaning as defined in Section 62A-15-602.
     (e) (i) "Secure area" means any area into which certain persons are restricted from transporting any firearm, ammunition, dangerous weapon, or explosive.
     (ii) A "secure area" may not include any area normally accessible to the public.
     (2) (a) A person in charge of a correctional, law enforcement, or mental health facility may establish secure areas within the facility and may prohibit or control by rule any firearm, ammunition, dange= rous weapon, or explosive.
     (b) Subsections (2)(a),= (3), (4), (5), and (6) apply to higher education secure area hearing rooms refer= red to in Subsections 53B-3-103(2)(a)(ii) and (b).
     (3) At least one notice shall be prominently displ= ayed at each entrance to an area in which a firearm, ammunition, dangerous weapo= n, or explosive is restricted.
     (4) (a) Provisions shal= l be made to provide a secure weapons storage area so that persons entering the secure area may store their weapons prior to entering the secure area.
     (b) The entity operating the facility shall be responsible for weapons while they are stored in the storage area.
     (5) It is a defense to any prosecution under this section that the accused, in committing the act made criminal by this secti= on, acted in conformity with the facility's rule or policy established pursuant= to this section.
     (6) (a) Any person who knowingly or intentionally transports into a secure area of a facility any firearm, ammunition, or dangerous weapon is guilty of a third degree felony= .
     (b) Any person violates Section 76-10-306 w= ho knowingly or intentionally transports, possesses, distributes, or sells any explosive in a secure area of a facility.

     76-8-311.3.  = ; Items prohibited in correctional and mental health facilities -- Penalties.      (1) As used in this section:
     (a) "Contraband" means any item not specifically prohibited for possession by offenders under this section or T= itle 58, Chapter 37, Utah Controlled Substances Act.
     (b) "Controlled substance" means any substance defined as a controlled substance under Title 58, Chapter 37, Utah Controlled Substances Act.
     (c) "Correctional facility" means:
     (i) any facility opera= ted by or contracting with the Department of Corrections to house offenders in eit= her a secure or nonsecure setting;
     (ii) any facility operated by a municipality or a county to house or detain criminal offenders;
     (iii) any juvenile detention facility; and
     (iv) any building or grounds appurtenant to the facility or lands granted to the state, municipality, or county for use as a correctional facility.
     (d) "Medicine" means any prescription dr= ug as defined in Title 58, Chapter 17b, Pharmacy Practice Act, but does not include any controlled substances as defined in Title 58, Chapter 37, Utah Controlled Substances Act.
     (e) "Mental health facility" has the same meaning as defined in Section 62A-15-602.
     (f) "Offender" means a person in custody= at a correctional facility.
     (g) "Secure area" has the same meaning as provided in Section 76-8-311.1.
     (2) Notwithstanding Section 76-10-500, a correctional or mental health facility may provide by rule that no firearm, ammunition, dangerous weapon, implement of escape, explosive, controlled substance, spirituous or fermented liquor, medicine, or poison in any quant= ity may be:
     (a) transported to or upon a correctional or mental health facility;
     (b) sold or given away at any correctional or ment= al health facility;
     (c) given to or used by any offender at a correcti= onal or mental health facility; or
     (d) knowingly or intentionally possessed at a correctional or mental health facility.
     (3) It is a defense to any prosecution under this section if the accused in committing the act made criminal by this section:=
     (a) with respect to a correctional facility operat= ed by the Department of Corrections, acted in conformity with departmental rul= e or policy;
     (b) with respect to a correctional facility operat= ed by a municipality, acted in conformity with the policy of the municipality;=
     (c) with respect to a correctional facility operat= ed by a county, acted in conformity with the policy of the county; or
     (d) with respect to a mental health facility, acte= d in conformity with the policy of the mental health facility.
     (4) (a) Any person who transports to or upon a correctional facility, or into a secure area of a mental health facility, a= ny firearm, ammunition, dangerous weapon, or implement of escape with intent to provide or sell it to any offender, is guilty of a second degree felony.
     (b) Any person who provides or sells to any offend= er at a correctional facility, or any detainee at a secure area of a mental he= alth facility, any firearm, ammunition, dangerous weapon, or implement of escape= is guilty of a second degree felony.
     (c) Any offender who possesses= at a correctional facility, or any detainee who possesses at a secure area of a mental health facility, any firearm, ammunition, dangerous weapon, or imple= ment of escape is guilty of a second degree felony.
     (d) Any person who, without the permission of the authority operating the correctional facility or the secure area of a mental health facility, knowingly possesses at a correctional facility or a secure area of a mental health facility any firearm, ammunition, dangerous weapon,= or implement of escape is guilty of a third degree felony.