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2025 Utah Code
Title 76 - Utah Criminal Code
Chapter 2 - Principles of Criminal Responsibility
Part 4 - Justification Excluding Criminal Responsibility
Section 401 - Justification as defense -- When allowed.
Universal Citation:
UT Code § 76-2-401 (2025)
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Effective 5/7/2025
76-2-401. Justification as defense -- When allowed.
Amended by Chapter 284, 2025 General Session
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 justification may be claimed:
- (a)when the actor's conduct is in defense of persons 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 discipline of minors by parents, guardians, teachers, or other persons in loco parentis, as limited by Subsection (2);
- (d)when the actor's conduct is reasonable discipline 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 bodily injury, as defined in Section 76-1-101.5, serious injury, as defined in Section 76-5-109, or the death of the minor.
Amended by Chapter 284, 2025 General Session
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