76-2-407 - Deadly force in defense of persons on real property.
76-2-407. Deadly force in defense of persons on real property.
(1) A person is justified in using force intended or likely to cause death or serious bodilyinjury against another in his defense of persons on real property other than his habitation if:
(a) he is in lawful possession of the real property;
(b) he reasonably believes that the force is necessary to prevent or terminate the otherperson's trespass onto the real property;
(c) the trespass is made or attempted by use of force or in a violent and tumultuousmanner; and
(d) (i) the person reasonably believes that the trespass is attempted or made for thepurpose of committing violence against any person on the real property and he reasonablybelieves that the force is necessary to prevent personal violence; or
(ii) the person reasonably believes that the trespass is made or attempted for the purposeof committing a forcible felony as defined in Section 76-2-402 that poses imminent peril of deathor serious bodily injury to a person on the real property and that the force is necessary to preventthe commission of that forcible felony.
(2) The person using deadly force in defense of persons on real property underSubsection (1) is presumed for the purpose of both civil and criminal cases to have actedreasonably and had a reasonable fear of imminent peril of death or serious bodily injury if thetrespass or attempted trespass is unlawful and is made or attempted by use of force, or in aviolent and tumultuous manner, or for the purpose of committing a forcible felony.
Enacted by Chapter 273, 2002 General Session