76-2-407. Deadly force in defense of persons on real property.
(1) A person is justified in using force intended or likely to cause death or serious bodily
injury against another in his defense of persons on real property other than his habitation if:
(a) he is in lawful possession of the real property;
(b) he reasonably believes that the force is necessary to prevent or terminate the other
person's trespass onto the real property;
(c) the trespass is made or attempted by use of force or in a violent and tumultuous
manner; and
(d) (i) the person reasonably believes that the trespass is attempted or made for the
purpose of committing violence against any person on the real property and he reasonably
believes that the force is necessary to prevent personal violence; or
(ii) the person reasonably believes that the trespass is made or attempted for the purpose
of committing a forcible felony as defined in Section 76-2-402 that poses imminent peril of death
or serious bodily injury to a person on the real property and that the force is necessary to prevent
the commission of that forcible felony.
(2) The person using deadly force in defense of persons on real property under
Subsection (1) 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
trespass or attempted trespass is unlawful and is made or attempted by use of force, or in a
violent and tumultuous manner, or for the purpose of committing a forcible felony.
Enacted by Chapter 273, 2002 General Session
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Last revised: Thursday, May 28, 2009