Utah Use of Force and Self-Defense Laws

Utah Use of Force Laws

Utah's use of force laws are codified in Utah Code Title 76, Chapter 2, Part 4 — "Justification Excluding Criminal Responsibility." These statutes govern when the use of force, including deadly force, is legally justified.

Force in Defense of Person (§ 76-2-402)

(Effective 5/4/2022)

An individual is justified in threatening or using force against another individual when and to the extent that the individual reasonably believes that force or a threat of force is necessary to defend the individual or another individual against the imminent use of unlawful force.

An individual is justified in using force intended or likely to cause death or serious bodily injury only if the individual reasonably believes that force is necessary to:

• Prevent death or serious bodily injury to the individual or another individual as a result of the imminent use of unlawful force; or
• Prevent the commission of a forcible felony.

No Duty to Retreat (Stand Your Ground)

Utah is a "Stand Your Ground" state. Except where the individual was the aggressor or engaged in combat by agreement:

• An individual does not have a duty to retreat from the force or threatened force in a place where that individual has lawfully entered or remained.
• The failure to retreat is not a relevant factor in determining whether the individual who used or threatened force acted reasonably.

Exceptions — When Force Is NOT Justified

An individual is not justified in using force if the individual:

1. Initially provokes the use of force against another individual with the intent to use force as an excuse to inflict bodily harm;
2. Is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony (unless the use of force is a reasonable response to factors unrelated to that felony); or
3. Was the aggressor or engaged in combat by agreement, unless the individual withdraws from the encounter and effectively communicates the intent to withdraw, and the other individual continues or threatens to continue the use of unlawful force.

Note: The following do not, alone, constitute "combat by agreement":

• Voluntarily entering into or remaining in an ongoing relationship
• Entering or remaining in a place where one has a legal right to be

Factors for Determining Imminence or Reasonableness

The trier of fact may consider:

• The nature of the danger
• The immediacy of the danger
• The probability that the unlawful force would result in death or serious bodily injury
• The other individual's prior violent acts or violent propensities
• Any patterns of abuse or violence in the parties' relationship
• Any other relevant factors

Definition of Forcible Felony

"Forcible felony" means: aggravated assault, mayhem, aggravated murder, murder, manslaughter, kidnapping and aggravated kidnapping, rape, forcible sodomy, rape of a child, object rape, object rape of a child, sexual abuse of a child, aggravated sexual abuse of a child, aggravated sexual assault, arson, robbery, and burglary. It also includes any other felony offense involving the use of force or violence against an individual that poses a substantial danger of death or serious bodily injury. Burglary of a vehicle is excluded unless the vehicle is occupied at the time unlawful entry is made or attempted.

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Force or Deadly Force in Defense of Habitation, Vehicle, or Place of Business or Employment (§ 76-2-405)

(Effective 5/1/2024)

An actor is justified in using force against an individual when and to the extent that the actor reasonably believes that the force is necessary to prevent or terminate the individual's unlawful entry into the actor's vehicle or unlawful entry or attack upon the actor's habitation or place of business or employment.

An actor is justified in using deadly force (force intended or likely to cause death or serious bodily injury) only if:

1. The entry is made or attempted in a violent and tumultuous manner, surreptitiously, or by stealth, AND the actor reasonably believes:

   • The entry is attempted or made for the purpose of assaulting or perpetrating personal violence against any individual dwelling in or present in the habitation, vehicle, or place of business or employment; and
   • The force is necessary to prevent the assault or perpetration of personal violence; OR

2. The actor reasonably believes:

   • The entry is made or attempted for the purpose of committing a felony in the habitation; and
   • The force is necessary to prevent the commission of the felony.

Presumption of Reasonableness — Habitation (Castle Doctrine)

An actor who uses force or deadly force to defend the actor's habitation is presumed to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury (for both civil and criminal cases) if the entry or attempted entry is:

• Unlawful; AND
• Made or attempted by use of force, in a violent and tumultuous manner, surreptitiously or by stealth, or for the purpose of committing a felony.

Presumption of Reasonableness — Vehicle or Place of Business or Employment

An actor who uses force or deadly force to defend the actor's vehicle or place of business or employment is presumed to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury (for both civil and criminal cases) if:

• The actor knew or had reason to believe the individual entered or attempted to enter unlawfully and with force the actor's occupied vehicle or place of business or employment, OR removed or attempted to remove the actor unlawfully and with force from the actor's vehicle or place of business or employment; AND
• The actor did not provoke the individual; AND
• The actor was not otherwise engaged in criminal activity (other than a traffic offense) at the time the force was used.

Protection of Third Persons

The presumption of reasonableness for vehicles and places of business or employment also applies when an actor uses force or deadly force to protect a third person if:

• Under the circumstances as the actor believes them to be, the actor would be justified in using such force to protect themselves; and
• The actor reasonably believes that intervention is immediately necessary to protect the third person.

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Force in Defense of Property (§ 76-2-406)

(Effective 5/7/2025)

Except as provided in § 76-2-405, an actor is justified in using force, other than deadly force, against another individual when and to the extent that the actor reasonably believes that force is necessary to prevent or terminate the individual's criminal interference with:

• Real or personal property lawfully in the actor's possession;
• Real or personal property lawfully in the possession of a member of the actor's immediate family;
• Real or personal property belonging to an individual whose property the actor has a legal duty to protect; or
• Personal property that the actor reasonably believes belongs to another person and that individual's criminal interference is meant to deprive the other person of the person's personal property.

Factors for Determining Reasonableness

In determining reasonableness, the trier of fact shall consider:

• The apparent or perceived extent of the damage to the property
• Property damage previously caused by the other individual
• Threats of personal injury or damage to property previously made by the other individual
• Any patterns of abuse or violence between the actor and the individual

Important: Only non-deadly force is authorized for defense of property under this section. Deadly force in defense of property is addressed under § 76-2-405 (habitation, vehicle, place of business or employment) and § 76-2-407 (real property).

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Deadly Force in Defense of Individuals on Real Property (§ 76-2-407)

(Effective 5/1/2024)

An actor is justified in using deadly force against an individual in defense of another individual on real property (other than habitation, vehicle, or place of business or employment covered by § 76-2-405) if:

• The actor is in lawful possession of the real property;
• The actor reasonably believes that the force is necessary to prevent or terminate the individual's trespass onto the real property;
• The individual's trespass is made or attempted by use of force or in a violent and tumultuous manner; AND
• Either:
  • The actor reasonably believes the trespass is for the purpose of committing violence against an individual on the real property and the force is necessary to prevent personal violence; OR
  • The actor reasonably believes the trespass is for the purpose of committing a forcible felony that poses imminent peril of death or serious bodily injury to an individual on the real property and the force is necessary to prevent the commission of the forcible felony.

Presumption of Reasonableness

An actor who uses deadly force in defense of an individual on real property is presumed to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury (for both civil and criminal cases) if the trespass or attempted trespass:

• Is unlawful; AND
• Is made or attempted by use of force, in a violent and tumultuous manner, or for the purpose of committing a forcible felony.

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Law Enforcement Officer Use of Deadly Force (§ 76-2-404)

(Effective 5/4/2022)

The defense of justification applies to the use of deadly force by a law enforcement officer when:

• Executing a penalty of death under a competent court judgment;
• Effecting an arrest or preventing an escape from custody, if the officer reasonably believes deadly force is necessary to prevent the arrest from being defeated by escape AND the officer has probable cause to believe the suspect committed a felony involving infliction or threatened infliction of death or serious bodily injury, or the suspect poses a threat of death or serious bodily injury if apprehension is delayed; or
• The officer reasonably believes deadly force is necessary to prevent death or serious bodily injury to the officer or another individual.

If feasible, a verbal warning should be given by the officer prior to any use of deadly force (except when executing a court judgment).

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Pending Legislation

H.B. 133 has been proposed for the 2026 General Session and may affect §§ 76-2-402, 76-2-405, 76-2-406, and 76-2-407.

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Key Takeaways for Concealed Carry Permit Holders

• No duty to retreat in any place where you have lawfully entered or remained (Stand Your Ground).
• Deadly force is justified only to prevent death, serious bodily injury, or the commission of a forcible felony.
• Non-deadly force may be used to defend against the imminent use of unlawful force or to protect property from criminal interference.
• Presumptions of reasonableness apply in defense of habitation (Castle Doctrine), occupied vehicles, places of business or employment, and real property when specific conditions are met.
• Force is not justified if you are the initial aggressor, provoke the encounter, or are committing a felony.
• Defense of property alone does not justify deadly force; deadly force requires a reasonable belief of threat to persons.