Use of Force Amendments

7
76-2-105
76-2-309
76-2-401
0
Use of Force Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kathleen A. Riebe
House Sponsor:
LONG TITLE
General Description:
This bill addresses use of force.
Highlighted Provisions:
This bill:
amends when criminal intent may be transferred;
amends the defense of justification when using force in defense of person or property to
remove the actor's ability to claim the defense if the actor recklessly, or with criminal
negligence, causes an injury to, or the death of, a bystander while using force that would
otherwise be justified against another individual;
amends the pretrial justification hearing procedures to allow a defendant who is charged
with recklessly, or with criminal negligence, causing an injury to, or the death of, a
bystander while using force that the defendant claims was justified against another
individual to seek a pretrial justification hearing; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-2-105
, as enacted by Laws of Utah 2004, Chapter 199
76-2-309
, as enacted by Laws of Utah 2021, Chapter 147
76-2-401
, as last amended by Laws of Utah 2025, Chapter 284
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
76-2-105
is amended to read:
76-2-105
. Transferred intent.
(1)
Where intentionally causing a result is an element of an offense, that element is
established even if a different
person
individual
than the actor intended was killed,
injured, or harmed, or different property than the actor intended was damaged or
otherwise affected.
(2)
Subsection (1) does not apply to establish that an actor acted intentionally or knowingly
in injuring or causing the death of an individual if:
(a)
the individual was not the intended target of the actor's conduct; and
(b)
the actor caused the injury or death of the individual while using force that that actor
was justified in using against another individual under Sections 76-2-402, 76-2-403,
76-2-404, 76-2-405, 76-2-406, or 76-2-407.
Section 2. Section
76-2-309
is amended to read:
76-2-309
. Justified use of force.
(1)
An individual who uses or threatens to use force as permitted in Section
76-2-402
,
76-2-404
,
76-2-405
,
76-2-406
,
or
76-2-407
, or
76-2-408
is justified in that conduct.
(2)
The pretrial justification hearing process described in Subsections
(3)(a)
and
(b)
(3)
and (4)
does not apply if:
(a)
(i)
the individual against whom force was used or threatened is a law enforcement
officer, as defined in Section
53-13-103
;
(ii)
the officer was acting lawfully in the performance of the officer's official duties;
and
(iii)
(A)
the officer was identified as an officer by the officer in accordance with
applicable law; or
(B)
the individual using or threatening to use force knew or reasonably should
have known that the officer was a law enforcement officer; or
(b)
the charge filed against the defendant for which the defendant seeks a pretrial
justification hearing is an infraction, a class B or C misdemeanor, or a domestic
violence offense as defined in Section
77-36-1
.
(3)
(a)
Upon motion of the defendant filed in accordance with Rule 12 of the Utah
Rules of Criminal Procedure, the court shall hear evidence on the issue of
justification under this section and shall determine as a matter of fact and law whether
:
(a)

the defendant was justified in the use or threatened use of force
against an
individual; or
(b)
for a claim of justification in which a defendant is charged with an offense involving
recklessly, or with criminal negligence, causing an injury to, or the death of, a
bystander while using force alleged by the defendant to be justified against another
individual, the defendant:
(i)
was justified in using force against the other individual; and
(ii)
was not acting recklessly, or with criminal negligence, when causing the injury
to, or the death of, the bystander
.
(b)
(4)
(a)
At
the
a
pretrial justification hearing
held under Subsection (3)
,
after
the
defendant
makes
has the initial burden to make
a prima facie claim
of justification,
the state has the burden to prove by clear and convincing evidence that the
defendant's use or threatened use of force was not justified.
:
(i)
that the defendant was justified in using, or threatening to use, force against an
individual; or
(ii)
if the defendant is charged with recklessly, or with criminal negligence, causing
an injury to, or the death of, a bystander while using force against another
individual, that the defendant was:
(A)
justified in using force against the other individual; and
(B)
was not reckless, or acting in a criminally negligent manner, in causing the
injury to, or the death of, the bystander.
(b)
If the defendant makes the prima facie claim described in Subsection (4)(a), the
burden shifts to the state to prove by clear and convincing evidence that:
(i)
for claims under Subsection (4)(a)(i), the defendant was not justified in using, or
threatening to use, force against the individual; or
(ii)
for claims under Subsection (4)(a)(ii), that the defendant:
(A)
was not justified in using force against the other individual; or
(B)
was reckless, or acted in a criminally negligent manner, in causing the injury
to, or the death of, the bystander.
(5)
(c)
(a)
(i)
If the court determines that the state has not met the state's burden
described in Subsection
(3)(b)
(4)(b)
, the court shall dismiss the charge with
prejudice.
(ii)
(b)
The state may appeal a court's order dismissing a charge under Subsection
(3)(c)(i)
(5)(a)
in accordance with Section
77-18a-1
.
(iii)
(c)
If a court determines after the pretrial justification hearing that the state has met
the state's burden described in Subsection
(3)(b)
(4)(b)
, the issue of justification may
be raised by the defendant to the jury at trial and, if raised by the defendant, the state
shall have the burden to prove beyond a reasonable doubt that
for claims under
Subsection (4)(a)(i)
the defendant's use or threatened use of force was not justified.
(iv)
(d)
At trial, a court's determination that the state met the state's burden under
Subsection
(3)(c)(iii)
(4)(b)
is not admissible and may not be referenced by the
prosecution.
Section 3. Section
76-2-401
is amended to read:
76-2-401
. Justification as defense -- When allowed.
(1)
Conduct
which
that
is justified is a defense to prosecution for any offense based on the
conduct
. The defense of justification
and
may be claimed:
(a)
when the actor's conduct is in defense of persons or property under the circumstances
described in
Sections
Section

76-2-402
through
76-2-406
of this part
, 76-2-403,
76-2-404, 76-2-405, 76-2-406, or 76-2-407
;
(b)
when the actor's conduct is reasonable and in fulfillment of
his
the actor's
duties as a
governmental officer or employee;
(c)
when the actor's conduct is reasonable discipline of minors by parents, guardians,
teachers, or other persons in loco parentis, as limited by Subsection
(2)
;
(d)
when the actor's conduct is reasonable discipline of persons in custody under the
laws of the state; or
(e)
when the actor's conduct is justified for any other reason under the laws of this state.
(2)
The defense of justification
is not available
under
:
(a)
Subsection (1)(a) when an actor is justified in using force against an individual under
Section 76-2-402, 76-2-403, 76-2-404, 76-2-405, 76-2-406, or 76-2-407, but
recklessly, or with criminal negligence, causes an injury to, or the death of, a
bystander; or
(b)

Subsection
(1)(c)

is not available
if the offense charged involves causing serious
bodily injury, as defined in Section
76-1-101.5
, serious injury, as defined in Section
76-5-109
, or the death of the minor.
Section 4.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-20-26 7:11 AM