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First Substitute H.B. 78
This document includes House Committee Amendments incorporated into the bill on Tue, Feb 2, 2010 at 8:59 AM by lerror. -->
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7 LONG TITLE
8 General Description:
9 This bill modifies weapons provisions of the Utah Criminal Code on carrying,
10 displaying, and using a dangerous weapon.
11 Highlighted Provisions:
12 This bill:
13 . clarifies the use of force or the threat of force necessary to defend a person against
14 another's imminent use of unlawful force;
15 . clarifies when a person may threaten or display a dangerous weapon in self defense;
16 and
17 . makes certain technical changes.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 76-2-402, as last amended by Laws of Utah 1994, Chapter 26
25 76-10-506, as last amended by Laws of Utah 1992, Chapter 101
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27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 76-2-402 is amended to read:
29 76-2-402. Force in defense of person -- Forcible felony defined.
30 (1) (a) A person is justified in threatening or using force against another when and to
31 the extent that [
31a necessary to defend
32 [
33 unlawful force. [
34 (b) A person is justified in using force intended or likely to cause death or serious
35 bodily injury only if [
36 prevent death or serious bodily injury to [
37 [
38 a forcible felony.
39 (2) (a) A person is not justified in using force under the circumstances specified in
40 Subsection (1) if [
41 [
42 to use force as an excuse to inflict bodily harm upon the assailant;
43 [
44 attempted commission of a felony; or
45 [
46 the person withdraws from the encounter and effectively communicates to the other person his
47 intent to do so and, notwithstanding, the other person continues or threatens to continue the use
48 of unlawful force[
49 [
50 themselves, constitute "combat by agreement":
51 [
52 [
53 (3) A person does not have a duty to retreat from the force or threatened force
54 described in Subsection (1) in a place where that person has lawfully entered or remained,
55 except as provided in Subsection (2)[
56 (4) (a) For purposes of this section, a forcible felony includes aggravated assault,
57 mayhem, aggravated murder, murder, manslaughter, kidnapping, and aggravated kidnapping,
58 rape, forcible sodomy, rape of a child, object rape, object rape of a child, sexual abuse of a
59 child, aggravated sexual abuse of a child, and aggravated sexual assault as defined in Title 76,
60 Chapter 5, and arson, robbery, and burglary as defined in Title 76, Chapter 6.
61 (b) Any other felony offense which involves the use of force or violence against a
62 person so as to create a substantial danger of death or serious bodily injury also constitutes a
63 forcible felony.
64 (c) Burglary of a vehicle, defined in Section 76-6-204 , does not constitute a forcible
65 felony except when the vehicle is occupied at the time unlawful entry is made or attempted.
66 (5) In determining imminence or reasonableness under Subsection (1), the trier of fact
67 may consider, but is not limited to, any of the following factors:
68 (a) the nature of the danger;
69 (b) the immediacy of the danger;
70 (c) the probability that the unlawful force would result in death or serious bodily
71 injury;
72 (d) the other's prior violent acts or violent propensities; and
73 (e) any patterns of abuse or violence in the parties' relationship.
74 Section 2. Section 76-10-506 is amended to read:
75 76-10-506. Threatening with or using dangerous weapon in fight or quarrel.
76 (1) As used in this section, "threatening manner" does not include H. :
76a (a) the possession of a dangerous weapon whether visible or concealed without
76b additional behavior which is threatening; or
76c (b) .H informing another
77 person of the actor's possession of a dangerous weapon or displaying a dangerous weapon if the
78 actor reasonably believes it to be necessary as provided in Section 76-2-402 .
79 (2) [
80 those persons described in Section 76-10-503 , a person who[
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82 angry and threatening manner or unlawfully uses [
83 fight or quarrel is guilty of a class A misdemeanor.
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