Section 1, Section 76-2-405 is amended to read: 76-2-405. Force or deadly force in defense of habitation, vehicle, or place of business or employment. (1) A person Except as provided in Subsection (2), an actor is justified in using force against another an individual when and to the extent that he the actor reasonably believes that the force is necessary to prevent or terminate the other's individual's unlawful entry into the actor's vehicle or unlawful entry or attack upon his the actor's habitation or place of business or employment. (2) ; however, he An actor is justified in the use of using force which against the individual described in Subsection (1) that is intended or likely to cause death or serious bodily injury to the individual only if: (a) (i) the entry is made or attempted in a violent and tumultuous manner, surreptitiously, or by stealth , ; and (ii) he the actor reasonably believes : (A) that the entry is attempted or made for the purpose of assaulting or offering perpetrating personal violence to any person, dwelling, or being against any individual who dwells in or is present in the habitation or is present in the vehicle, or place of business or employment; and (B) he reasonably believes that the force is necessary to prevent the assault or offer perpetration of personal violence; or (b) he the actor reasonably believes that : (i) the entry is made or attempted for the purpose of committing a felony in the habitation ; and (ii) that the force is necessary to prevent the commission of the felony. (2) (3) (a) The person using An actor who uses force or deadly force in defense of against an individual to defend the actor's 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: (i) is unlawful ; and (ii) is made or attempted : (A) by use of force , or ; (B) in a violent and tumultuous manner , or ; (C) surreptitiously or by stealth , or ; or (D) for the purpose of committing a felony. (b) An actor who uses force or deadly force against an individual to defend the actor's vehicle or place of business or employment 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: (i) the actor knew or had reason to believe that the individual: (A) entered, or attempted to enter, unlawfully and with force, the actor's occupied vehicle or place of business or employment; or (B) removed, or attempted to remove, unlawfully and with force, the actor from the actor's vehicle or place of business or employment; and (ii) the actor: (A) did not provoke the individual; and (B) was not otherwise engaged in criminal activity, other than a traffic offense, at the time the force was used. (c) The presumption in Subsection (3)(b) applies to an actor's use of force or deadly force against an individual to protect a third person if: (i) under the circumstances as the actor believes them to be, the actor would be justified under Subsection (3)(b) in using force or deadly force to protect the actor against the unlawful force or unlawful deadly force that the actor reasonably believes to be threatening the third person the actor seeks to protect; and (ii) the actor reasonably believes that the actor's intervention is immediately necessary to protect the third person.

Section 2, Section 76-2-406 is amended to read: 76-2-406. Force in defense of property -- Affirmative defense. (1) A person Except as provided in Section 76-2-405, an actor is justified in using force, other than deadly force, against another individual when and to the extent that the person actor reasonably believes that force is necessary to prevent or terminate another person's the individual's criminal interference with real property or personal property: (a)lawfully in the person's actor's possession; (b)lawfully in the possession of a member of the person's actor's immediate family; or (c)belonging to a person an individual whose property the person actor has a legal duty to protect. (2)In determining reasonableness under Subsection (1), the trier of fact shall, in addition to any other factors, consider the following factors: (a)the apparent or perceived extent of the damage to the property; (b)property damage previously caused by the other person individual; (c)threats of personal injury or damage to property that have been made previously by the other person individual; and (d)any patterns of abuse or violence between the person actor and the other person individual .

Section 3, Section 76-2-407 is amended to read: 76-2-407. Deadly force in defense of individuals on real property. (1) As used in this section, "forcible felony" means the same as that term is defined in Section 76-2-402. (2) A person An actor is justified in using force intended or likely to cause death or serious bodily injury against another an individual in his the actor's defense of persons another individual on real property other than his habitation the places or situations described in Section 76-2-405 if: (a) he the actor is in lawful possession of the real property; (b) he the actor reasonably believes that the force is necessary to prevent or terminate the other person's individual's trespass onto the real property; (c)the individual's trespass is made or attempted by use of force or in a violent and tumultuous manner; and (d) (i)the person actor reasonably believes : (A) that the individual's trespass is attempted or made for the purpose of committing violence against any person an individual on the real property ; and (B) he reasonably believes that the force is necessary to prevent personal violence; or (ii)the person actor reasonably believes that : (A) the individual's 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 an individual on the real property ; and (B) that the force is necessary to prevent the commission of that the forcible felony. (2) (3) The person using An actor who uses deadly force in defense of persons an individual on real property under Subsection (1) (2) 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 : (a) is unlawful ; and (b) is made or attempted : (i) by use of force , or ; (ii) in a violent and tumultuous manner , ; or (iii) for the purpose of committing a forcible felony.

Section 4. Effective date. This bill takes effect on May 1, 2024.