Does Utah Have A "Castle Doctrine"

[camslam]

I was curious if anyone knows how the laws come down in Utah regarding Castle Doctrine issues.

I know that citizens have the right to defend themselves in their homes and cars and other places that have a legal right to be. My question is what happens in the aftermath of a situation.

For instance, in Florida the Castle Doctrine says the following:
It provides that persons using force authorized by law shall not be prosecuted for using such force.

It also prohibits criminals and their families from suing victims for injuring or killing the criminals who have attacked them.

So I'm curious if there are any provisions in Utah code or law that say pretty much the same thing and give protection to someone that has to use lethal force.

Thanks for any info.

 

[Johnny B]

http://www.le.state.ut.us/~code/TITLE76/76_02.htm

The pertinent sections start at 76-02-401. It's not a heck of a lot to read. Do we have anything approximating Castle Doctrine here? From what I can tell, not exactly.

 

[camslam]

Thanks for your reply. I have read those laws and that is why I think we have 1/2 of the Castle Doctrine here in Utah.

Obviously it would be nice to have the other 1/2 after a shooting incident has happened. Not being prosecuted criminally or sued in civil court if it was a justifiable shooting, would be a great thing.

I hope someone will get the ball rolling on this in the state, because it would be a nice addition to our gun laws.

 

[Torghn]

http://le.utah.gov/~code/TITLE76/htm/76_02025.htm

Under Utah law you can not be held criminally or civilly liable if you shoot someone who illegally entered your "habitation" (home, trailer, hotel room etc).

Illegally entering does not just mean they broke in, if they walked in an unlocked door uninvited or snuck in a window you're in the clear.

This is the key to the law in my eyes:

(2) The person using force or deadly force in defense of 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 unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony.

 

[camslam]

Thanks for the links and the information. I thought I would add this to the discussion. It is the Utah Good Samaritan Law that basically states if you are defending someone else from any number of situations including firearm discharge, you cannot be held liable for civil damages as long as you were not grossly negligent.

I guess we are pretty close to the Castle Doctrine in Utah, but not quite there. My concern would still be someone related to the criminal that you shot attempting to sue you. Interesting stuff nonetheless.

78-11-22. Good Samaritan Act.

(1) A person who renders emergency care at or near the scene of, or during an emergency, gratuitously and in good faith, is not liable for any civil damages or penalties as a result of any act or omission by the person rendering the emergency care, unless the person is grossly negligent or caused the emergency. As used in this section, "emergency" means an unexpected occurrence involving injury, threat of injury, or illness to a person or the public, including motor vehicle accidents, disasters, actual or threatened discharges, removal, or disposal of hazardous materials, and other accidents or events of a similar nature. "Emergency care" includes actual assistance or advice offered to avoid, mitigate, or attempt to mitigate the effects of an emergency.
(2) A person who gratuitously, and in good faith, assists governmental agencies or political subdivisions in the activities described in Subsections (2)(a) through (c) is not liable for any civil damages or penalties as a result of any act or omission unless the person rendering assistance is grossly negligent in:
(a) implementing measures to control the causes of epidemic and communicable diseases and other conditions significantly affecting the public health, or necessary to protect the public health as set out in Title 26A, Chapter 1, Local Health Departments;
(b) investigating and controlling suspected bioterrorism and disease as set out in Title 26, Chapter 23b, Detection of Public Health Emergencies Act; and
(c) responding to a national, state, or local emergency, a public health emergency as defined in Section 26-23b-102, or a declaration by the President of the United States or other federal official requesting public health-related activities.
(3) The immunity in Subsection (2) is in addition to any immunity or protection in state or federal law that may apply.