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H.B. 57
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AMENDMENTS TO JUSTIFICATION AS
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DEFENSE
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Gary F. Cox
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AN ACT RELATING TO THE CRIMINAL CODE; AMENDING THE DEFENSE OF
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JUSTIFICATION.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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76-2-401, as enacted by Chapter 196, Laws of Utah 1973
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
76-2-401
is amended to read:
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76-2-401. Justification as defense -- When allowed.
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(1) Conduct which is justified is a defense to prosecution for any offense based on the
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conduct. The defense of justification may be claimed:
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[(1) When] (a) when the actor's conduct is in defense of persons or property under the
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circumstances described in Sections
76-2-402
through
76-2-406
of this part;
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[(2) When] (b) when the actor's conduct is reasonable and in fulfillment of his duties as
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a governmental officer or employee;
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[(3) When] (c) when the actor's conduct is reasonable discipline of minors by parents,
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guardians, teachers, or other persons in loco parentis, as limited by Subsection (2);
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[(4) When] (d) when the actor's conduct is reasonable discipline of persons in custody
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under the laws of the state; or
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[(5) When] (e) when the actor's conduct is justified for any other reason under the laws
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of this state.
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(2) The defense of justification under Subsection (1)(c) is not available if the offense
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charged involves causing serious bodily injury, as defined in Section
76-1-601
, serious physical
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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.