76-2-405 - Force in defense of habitation. - Utah Statutes

76-2-405. Force in defense of habitation.
(1) A person is justified in using force against another when and to the extent that hereasonably believes that the force is necessary to prevent or terminate the other's unlawful entryinto or attack upon his habitation; however, he is justified in the use of force which is intended orlikely to cause death or serious bodily injury only if:
(a) the entry is made or attempted in a violent and tumultuous manner, surreptitiously, orby stealth, and he reasonably believes that the entry is attempted or made for the purpose ofassaulting or offering personal violence to any person, dwelling, or being in the habitation and hereasonably 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 ofcommitting a felony in the habitation and that the force is necessary to prevent the commission ofthe felony.
(2) The person using force or deadly force in defense of habitation is presumed for thepurpose of both civil and criminal cases to have acted reasonably and had a reasonable fear ofimminent peril of death or serious bodily injury if the entry or attempted entry is unlawful and ismade or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or bystealth, or for the purpose of committing a felony.

Amended by Chapter 252, 1985 General Session