First Substitute H.B. 207

Representative Carl Wimmer proposes the following substitute bill:

1 PROTECTION OF PROPERTY AMENDMENT
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Carl Wimmer
5 Senate Sponsor: Mark B. Madsen
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Criminal Code regarding the offense of use of force in defense of
10 property.
11 Highlighted Provisions:
12 This bill:
13 . amends the provision regarding justified use of force in defense of property to
14 provide that the court may consider, in determining reasonableness:
15 . extent of damage;
16 . previous damage;
17 . prior threats of injury or damage; and
18 . prior pattern of abuse or violence
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 76-2-406, as enacted by Laws of Utah 1973, Chapter 196

26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 76-2-406 is amended to read:
29 76-2-406. Force in defense of property -- Affirmative defense.
30 (1) A person is justified in using force, other than deadly force, against another when
31 and to the extent that [he] the person reasonably believes that force is necessary to prevent or
32 terminate another person's criminal interference with real property or personal property:
33 [(1) Lawfully] (a) lawfully in [his] the person's possession; [or]
34 [(2) Lawfully] (b) lawfully in the possession of a member of [his] the person's
35 immediate family; or
36 [(3) Belonging] (c) belonging to a person whose property [he] the person has a legal
37 duty to protect.
38 (2) In determining reasonableness under Subsection (1), the trier of fact shall, in
39 addition to any other factors, consider the following factors:
40 (a) the apparent or perceived extent of the damage to the property;
41 (b) property damage previously caused by the other person;
42 (c) threats of personal injury or damage to property that have been made previously by
43 the other person; and
44 (d) any patterns of abuse or violence between the person and the other person.