2006 Utah Code - 78-11-27 — Defense to civil action for damages resulting from commission of crime.

     78-11-27.   Defense to civil action for damages resulting from commission of crime.
     (1) Any person who, with criminal intent, enters the property of another or commits a crime against the person or property of another may not recover any damages to his person or property except as required by a court order of restitution in a related criminal action, unless that person can prove by clear and convincing evidence that:
     (a) his actions did not constitute a felony; and
     (b) his culpability was less than the person from whom recovery is sought.
     (2) The provisions of Subsection (1) shall apply to any next-of-kin or heirs of the person if the person is disabled or killed.
     (3) Subsections (1) and (2) do not apply if the person committing or attempting to commit the crime has clearly retreated from the criminal activity.
     (4) "Clearly retreated" means that the person committing the criminal act has fully, clearly, and immediately ceased all hostile, threatening, violent, or criminal behavior or activity.

Amended by Chapter 180, 2002 General Session