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crtbc wrote:
Concidering that I am open carry now and dont have/dont want a CCW until they repeal the fingerprinting which I think will happen in Dec. 07 When is it LEGALLY justified to take a life in self defense?
I know this is covered or somewhat covered i nthe ccw course which I havent taken yet due to scheduling issues but can someone overview, I also belive the gun club I go to has a pistoleer course but thats in a month
Thanks
In Utah for Example...,
Utah Code Section 76-2-402
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76-2-402. Force in defense of person -- Forcible felony defined. (1) A person is justified in threatening or using force against another when and to the
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le.utah.gov/~code/TITLE76/htm/76_02022.htm - 5k - Cached -
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76-2-402. Force in defense of person -- Forcible felony defined.
(1) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that force is necessary to defend himself or a third person against such other's imminent use of unlawful force. However, that person is justified in using force intended or likely to cause death or serious bodily injury only if he or she reasonably believes that force is necessary to prevent death or serious bodily injury to himself or a third person as a result of the other's imminent use of unlawful force, or to prevent the commission of a forcible felony.
(2) A person is not justified in using force under the circumstances specified in Subsection (1) if he or she:
(a) initially provokes the use of force against himself with the intent to use force as an excuse to inflict bodily harm upon the assailant;
(b) is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony; or
(c) (i) was the aggressor or was engaged in a combat by agreement, unless he withdraws from the encounter and effectively communicates to the other person his intent to do so and, notwithstanding, the other person continues or threatens to continue the use of unlawful force; and
(ii) for purposes of Subsection (i) the following do not, by themselves, constitute "combat by agreement":
(A) voluntarily entering into or remaining in an ongoing relationship; or
(B) entering or remaining in a place where one has a legal right to be.
(3) A person does not have a duty to retreat from the force or threatened force described in Subsection (1) in a place where that person has lawfully entered or remained, except as provided in Subsection (2)(c).
(4) For purposes of this section, a forcible felony includes aggravated assault, mayhem, aggravated murder, murder, manslaughter, kidnapping, and aggravated kidnapping, rape, forcible sodomy, rape of a child, object rape, object rape of a child, sexual abuse of a child, aggravated sexual abuse of a child, and aggravated sexual assault as defined in Title 76, Chapter 5, and arson, robbery, and burglary as defined in Title 76, Chapter 6. Any other felony offense which involves the use of force or violence against a person so as to create a substantial danger of death or serious bodily injury also constitutes a forcible felony. Burglary of a vehicle, defined in Section
76-6-204, does not constitute a forcible felony except when the vehicle is occupied at the time unlawful entry is made or attempted.
(5) In determining imminence or reasonableness under Subsection (1), the trier of fact may consider, but is not limited to, any of the following factors:
(a) the nature of the danger;
(b) the immediacy of the danger;
(c) the probability that the unlawful force would result in death or serious bodily injury;
(d) the other's prior violent acts or violent propensities; and
(e) any patterns of abuse or violence in the parties' relationship.
Amended by Chapter 26, 1994 General Session
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Utah Code -- Title 76 -- Chapter 02 -- Principles of Criminal ...
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76-2-405 Force in defense of habitation. WP Zipped -- 2215 bytes -- Last Update 09-Aug-02; 76-2-406 Force
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76-2-405. Force in defense of habitation.
(1) A person is justified in using force against another when and to the extent that he reasonably believes that the force is necessary to prevent or terminate the other's unlawful entry into or attack upon his habitation; however, he is justified in the use of force which is intended or likely to cause death or serious bodily injury only if:
(a) the entry is made or attempted in a violent and tumultuous manner, surreptitiously, or by stealth, and he reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person, dwelling, or being in the habitation and he reasonably 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 of committing a felony in the habitation and that the force is necessary to prevent the commission of the felony.
(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.
Amended by Chapter 252, 1985 General Session
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Utah Code Section 76-2-404
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76-2-404. Peace officer's use of deadly force. (1) A peace officer, or any person acting by his command in his aid and assistance, is justified in using
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www.le.state.ut.us/~code/TITLE76/htm/76_02024.htm - 3k - www.le.state.ut.us/~code/TITLE76/htm/76_02024.htm+76-2-404&hl=en&ct=clnk&cd=1&gl=us]Cached[/url] -
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76-2-404. Peace officer's use of deadly force.
(1) A peace officer, or any person acting by his command in his aid and assistance, is justified in using deadly force when:
(a) the officer is acting in obedience to and in accordance with the judgment of a competent court in executing a penalty of death under Subsection
77-18-5.5(3) or (4);
(b) effecting an arrest or preventing an escape from custody following an arrest, where the officer reasonably believes that deadly force is necessary to prevent the arrest from being defeated by escape; and
(i) the officer has probable cause to believe that the suspect has committed a felony offense involving the infliction or threatened infliction of death or serious bodily injury; or
(ii) the officer has probable cause to believe the suspect poses a threat of death or serious bodily injury to the officer or to others if apprehension is delayed; or
(c) the officer reasonably believes that the use of deadly force is necessary to prevent death or serious bodily injury to the officer or another person.
(2) If feasible, a verbal warning should be given by the officer prior to any use of deadly force under Subsection (1)(b) or (1)(c).
Amended by Chapter 51, 2004 General Session
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