Utah Code

Utah Code § 76-2-302 (2026)

Compulsion

✓ current as of May 2026
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A person is not guilty of an offense when the person engaged in the proscribed conduct because the person was coerced to do so by the use or threatened imminent use of unlawful physical force upon the person or a third person, which force or threatened force a person of reasonable firmness in that situation would not have resisted.
The defense of compulsion provided by this section shall be unavailable to a person who intentionally, knowingly, or recklessly places himself or herself in a situation in which it is probable that the person will be subjected to duress.
A married woman is not entitled, by reason of the presence of her husband, to any presumption of compulsion or to any defense of compulsion except as in Subsection (1) provided.
Notes of Decisions
Cited in 17 cases (3 in the last 5 years), 1979–2026 · leading case: State v. Dozah, 2016 UT App 13 (Utah Ct. App. 2016).
State v. Dozah, 2016 UT App 13 (Utah Ct. App. 2016). · cites it 16× “Utah Code Ann. §§ 76-2-302 , -308 (LexisNexis 2012).”
State v. Dunn, 850 P.2d 1201 (Utah 1993). · cites it 4× “See Utah Code Ann. § 76-2-302 . The court instructed the jury that, among other things, it could convict Dunn of homicide under either a principal or accomplice theory.”
State v. Tuttle, 730 P.2d 630 (Utah 1986). · cites it 12× “, 1953, § 76-2-302 (Repl.Vol. 8B, 1978). We conclude that the trial court properly modified the defense to adapt it to a charge of escape and therefore affirm the conviction.”
State v. Rivera, 2019 UT App 27 (Utah Ct. App. 2019). · cites it 8× “" Utah Code Ann. § 76-2-302 (1) (LexisNexis Supp.”
State v. Sanders, 2019 UT 25 (Utah 2019). · cites it 3× “§§ 76-2-302, -303, -401. Sanders does not assert that the jury should have been instructed on the general defense of justification, but he claims that an innocent possession defense would be consistent with it.”
State v. Herrera, 895 P.2d 359 (Utah 1995). · cites it 2× “Utah Code Ann. § 76-2-302 (1) states: A person is not guilty of an offense when he engaged in the proscribed conduct because he was coerced to do so by the use or threatened imminent use of unlawful physical force upon him or a third person, which force or threatened force a…”
State v. Smith, 2019 UT App 141 (Utah Ct. App. 2019). · cites it 2× “Utah Code Ann. § 76-2-302 (1) (LexisNexis 2017).”
State v. Harding, 635 P.2d 33 (Utah 1981). · cites it 2× “Section 76-2-302, U.C.A.1953 provides in pertinent part that: (1) A person is not guilty of an offense when he engaged in the proscribed conduct because he was coerced to do so by the use or threatened imminent use of unlawful physical force upon him or a third person, which…”
Commonwealth v. Vasquez, 971 N.E.2d 783 (Mass. 2012). “05 (West 2011); Utah Code Ann. § 76-2-302 (LexisNexis 2008).”
Commonwealth v. Robinson, 415 N.E.2d 805 (Mass. 1981). “05 (Vernon 1974); Utah Code Ann. § 76-2-302 (1978). Additionally, the following statutes allow duress to reduce a murder charge to manslaughter: Minn.”
State v. Ott, 763 P.2d 810 (Utah Ct. App. 1988). · cites it 4× “Utah Code Ann. § 76-2-302 (1) (1978) sets forth the defense of legal compulsion as follows: A person is not guilty of an offense when he engaged in the proscribed conduct because he was coerced to do so by the use or threatened imminent use of unlawful physical force upon him or…”
State v. Farmer, 2025 UT App 57 (Utah Ct. App. 2025). · cites it 2× “¶55 The affirmative defense of compulsion is set forth in Utah Code section 76-2-302(1), which states, A person is not guilty of an offense when he engaged in the proscribed conduct because he was coerced to do so by the use or threatened imminent use of unlawful physical force…”
— Utah Code § 76-2-302(1) — 6 cases
State v. Tuttle, 730 P.2d 630 (Utah 1986). “, 1953, § 76-2-302 (Repl.Vol. 8B, 1978). We conclude that the trial court properly modified the defense to adapt it to a charge of escape and therefore affirm the conviction.”
State v. Sanders, 2019 UT 25 (Utah 2019). “§§ 76-2-302, -303, -401. Sanders does not assert that the jury should have been instructed on the general defense of justification, but he claims that an innocent possession defense would be consistent with it.”
State v. Ott, 763 P.2d 810 (Utah Ct. App. 1988). “Utah Code Ann. § 76-2-302 (1) (1978) sets forth the defense of legal compulsion as follows: A person is not guilty of an offense when he engaged in the proscribed conduct because he was coerced to do so by the use or threatened imminent use of unlawful physical force upon him or…”
State v. Farmer, 2025 UT App 57 (Utah Ct. App. 2025). “¶55 The affirmative defense of compulsion is set forth in Utah Code section 76-2-302(1), which states, A person is not guilty of an offense when he engaged in the proscribed conduct because he was coerced to do so by the use or threatened imminent use of unlawful physical force…”
State v. Farmer, 2025 UT App 57 (Utah Ct. App. 2025).
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