H.B. 57

1

AMENDMENTS TO JUSTIFICATION AS
2 DEFENSE
3 2000 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Gary F. Cox
6 AN ACT RELATING TO THE CRIMINAL CODE; AMENDING THE DEFENSE OF
7 JUSTIFICATION.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 76-2-401, as enacted by Chapter 196, Laws of Utah 1973
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 76-2-401 is amended to read:
13 76-2-401. Justification as defense -- When allowed.
14 (1) Conduct which is justified is a defense to prosecution for any offense based on the
15 conduct. The defense of justification may be claimed:
16 [(1) When] (a) when the actor's conduct is in defense of persons or property under the
17 circumstances described in Sections 76-2-402 through 76-2-406 of this part;
18 [(2) When] (b) when the actor's conduct is reasonable and in fulfillment of his duties as
19 a governmental officer or employee;
20 [(3) When] (c) when the actor's conduct is reasonable discipline of minors by parents,
21 guardians, teachers, or other persons in loco parentis, as limited by Subsection (2);
22 [(4) When] (d) when the actor's conduct is reasonable discipline of persons in custody
23 under the laws of the state; or
24 [(5) When] (e) when the actor's conduct is justified for any other reason under the laws
25 of this state.
26 (2) The defense of justification under Subsection (1)(c) is not available if the offense
27 charged involves causing serious bodily injury, as defined in Section 76-1-601 , serious physical

28 injury, as defined in Section 76-5-109 , or the death of the minor.




Legislative Review Note
as of 1-17-00 11:27 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel