Title 76 Utah Criminal Code Chapter 2 Principles of Criminal Responsibility Section 405 Force in defense of habitation.
76-2-405.Force in defense of habitation.
(1) A person is justified in using force against another when and to the extent that he
reasonably believes that the force is necessary to prevent or terminate the other's unlawful entry
into or attack upon his habitation; however, he is justified in the use of force which is intended or
likely to cause death or serious bodily injury only if:
(a) the entry is made or attempted in a violent and tumultuous manner, surreptitiously, or
by stealth, and he reasonably believes that the entry is attempted or made for the purpose of
assaulting or offering personal violence to any person, dwelling, or being in the habitation and he
reasonably believes that the force is necessary to prevent the assault or offer of personal violence;
or
(b) he reasonably believes that the entry is made or attempted for the purpose of
committing a felony in the habitation and that the force is necessary to prevent the commission of
the felony.
(2) The person using force or deadly force in defense of habitation is presumed for the
purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of
imminent peril of death or serious bodily injury if the entry or attempted entry is unlawful and is
made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by
stealth, or for the purpose of committing a felony.
Amended by Chapter 252, 1985 General Session
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