Utah Title 78b — Judicial Code :: 78b-3-110 — Defense To Civil Action For Damages Resulting From Commission Of Crime.

78B-3-110. Defense to civil action for damages resulting from commission of crime.
(1) A person may not recover from the victim of a crime for personal injury or property damage if the person:
(a) entered the property of the victim with criminal intent and the injury or damage occurred while the person was on the victim's property; or
(b) committed a crime against the victim, during which the damage or injury occurred.
(2) The provisions of Subsection (1) do not apply if the 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.
(3) Subsections (1) and (2) apply to any next-of-kin, heirs, or personal representatives of the person if the person is disabled or killed.
(4) Subsections (1), (2), and (3) do not apply if the person committing or attempting to commit the crime has clearly retreated from the criminal activity.
(5) "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.

Renumbered and Amended by Chapter 3, 2008 General Session