2017 Utah Code
Title 76 - Utah Criminal Code
Chapter 5 - Offenses Against the Person
Part 3 - Kidnapping, Trafficking, and Smuggling
Section 305 - Defenses.

Universal Citation: UT Code § 76-5-305 (2017)
76-5-305. Defenses.
It is a defense under this part that:
  • (1) the actor was acting under a reasonable belief that:
    • (a) the conduct was necessary to protect any person from imminent bodily injury or death; or
    • (b) the detention or restraint was authorized by law; or
  • (2) the alleged victim is younger than 18 years of age or is mentally incompetent, and the actor was acting under a reasonable belief that the custodian, guardian, legal guardian, custodial parent, or person acting in loco parentis to the victim would, if present, have consented to the actor's conduct.


Enacted by Chapter 301, 2001 General Session
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