Utah Code » Title 76, Chapter 2 — Principles of Criminal Responsibility; part 76-2-3 — Defenses to Criminal Responsibility
Utah Code

Utah Code § 76-2-309 (2026)

Justified use of force

✓ current as of May 2026
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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, 76-2-407, or 76-2-408 is justified in that conduct.
The pretrial justification hearing process described in Subsections (3)(a) and (b) does not apply if:
the individual against whom force was used or threatened is a law enforcement officer, as defined in Section 53-13-103;
the officer was acting lawfully in the performance of the officer's official duties; and
the officer was identified as an officer by the officer in accordance with applicable law; or
the individual using or threatening to use force knew or reasonably should have known that the officer was a law enforcement officer; or
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.
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 the defendant was justified in the use or threatened use of force.
At the pretrial justification hearing, after the defendant makes 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.
If the court determines that the state has not met the state's burden described in Subsection (3)(b), the court shall dismiss the charge with prejudice.
The state may appeal a court's order dismissing a charge under Subsection (3)(c)(i) in accordance with Section 77-18a-1.
If a court determines after the pretrial justification hearing that the state has met the state's burden described in Subsection (3)(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 the defendant's use or threatened use of force was not justified.
At trial, a court's determination that the state met the state's burden under Subsection (3)(c)(iii) is not admissible and may not be referenced by the prosecution.
Notes of Decisions
Cited in 5 cases (5 in the last 5 years), 2024–2026 · leading case: State v. Clara, 2024 UT 10 (Utah 2024).
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State v. Clara, 2024 UT 10 (Utah 2024). · cites it 8× “UTAH CODE § 76-2-309(3). The Statute allows a criminal defendant who makes a claim of self- defense to have that claim assessed by a judge at an evidentiary hearing before trial, rather than waiting until trial to have the matter decided by a jury.”
State v. Jennings, 2025 UT 59 (Utah 2025). · cites it 32× “JENNINGS Opinion of the Court ¶2 The Pretrial Justification Statute, Utah Code section 76-2-309, provides a mechanism for a criminal defendant to have a justification defense determined by the district court before trial.”
State v. Jennings, 2026 UT 4 (Utah 2026). · cites it 32× “¶2 The Pretrial Justification Statute, Utah Code section 76-2-309, provides a mechanism for a criminal defendant to have a justification defense determined by the district court before trial.”
State v. Barlow, 2025 UT App 152 (Utah Ct. App. 2025). · cites it 2× “Moreover, Barlow suggested that, based on past experience, Steve and James were dangerous when they were using drugs.”
State v. Molina, 2024 UT App 172 (Utah Ct. App. 2024). · cites it 2× “” In June 2021, Molina requested a pretrial justification hearing, as authorized by Utah Code section 76-2-309. 3 After the justification 1.”
— Utah Code § 76-2-309(3) — 4 cases
State v. Clara, 2024 UT 10 (Utah 2024). “UTAH CODE § 76-2-309(3). The Statute allows a criminal defendant who makes a claim of self- defense to have that claim assessed by a judge at an evidentiary hearing before trial, rather than waiting until trial to have the matter decided by a jury.”
State v. Jennings, 2025 UT 59 (Utah 2025). “JENNINGS Opinion of the Court ¶2 The Pretrial Justification Statute, Utah Code section 76-2-309, provides a mechanism for a criminal defendant to have a justification defense determined by the district court before trial.”
State v. Jennings, 2026 UT 4 (Utah 2026). “¶2 The Pretrial Justification Statute, Utah Code section 76-2-309, provides a mechanism for a criminal defendant to have a justification defense determined by the district court before trial.”
State v. Barlow, 2025 UT App 152 (Utah Ct. App. 2025). “Moreover, Barlow suggested that, based on past experience, Steve and James were dangerous when they were using drugs.”
— Utah Code § 76-2-309(3)(a) — 3 cases
State v. Clara, 2024 UT 10 (Utah 2024). “UTAH CODE § 76-2-309(3). The Statute allows a criminal defendant who makes a claim of self- defense to have that claim assessed by a judge at an evidentiary hearing before trial, rather than waiting until trial to have the matter decided by a jury.”
State v. Jennings, 2025 UT 59 (Utah 2025). “JENNINGS Opinion of the Court ¶2 The Pretrial Justification Statute, Utah Code section 76-2-309, provides a mechanism for a criminal defendant to have a justification defense determined by the district court before trial.”
State v. Jennings, 2026 UT 4 (Utah 2026). “¶2 The Pretrial Justification Statute, Utah Code section 76-2-309, provides a mechanism for a criminal defendant to have a justification defense determined by the district court before trial.”
— Utah Code § 76-2-309(3)(b) — 3 cases
State v. Clara, 2024 UT 10 (Utah 2024). “UTAH CODE § 76-2-309(3). The Statute allows a criminal defendant who makes a claim of self- defense to have that claim assessed by a judge at an evidentiary hearing before trial, rather than waiting until trial to have the matter decided by a jury.”
State v. Jennings, 2025 UT 59 (Utah 2025). “JENNINGS Opinion of the Court ¶2 The Pretrial Justification Statute, Utah Code section 76-2-309, provides a mechanism for a criminal defendant to have a justification defense determined by the district court before trial.”
State v. Jennings, 2026 UT 4 (Utah 2026). “¶2 The Pretrial Justification Statute, Utah Code section 76-2-309, provides a mechanism for a criminal defendant to have a justification defense determined by the district court before trial.”
— Utah Code § 76-2-309(3)(c)(i) — 3 cases
State v. Clara, 2024 UT 10 (Utah 2024). “UTAH CODE § 76-2-309(3). The Statute allows a criminal defendant who makes a claim of self- defense to have that claim assessed by a judge at an evidentiary hearing before trial, rather than waiting until trial to have the matter decided by a jury.”
State v. Jennings, 2025 UT 59 (Utah 2025). “JENNINGS Opinion of the Court ¶2 The Pretrial Justification Statute, Utah Code section 76-2-309, provides a mechanism for a criminal defendant to have a justification defense determined by the district court before trial.”
State v. Jennings, 2026 UT 4 (Utah 2026). “¶2 The Pretrial Justification Statute, Utah Code section 76-2-309, provides a mechanism for a criminal defendant to have a justification defense determined by the district court before trial.”
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