Utah Code
Utah Code § 76-2-402 (2026)
Force in defense of person -- Forcible felony defined
✓ current as of May 2026
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As used in this section:
"Forcible felony" means 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 Chapter 5, Offenses Against the Individual, and arson, robbery, and burglary as defined in Chapter 6, Offenses Against Property.
"Forcible felony" includes any other felony offense that involves the use of force or violence against an individual that poses a substantial danger of death or serious bodily injury.
"Forcible felony" does not include burglary of a vehicle, as defined in Section 76-6-204, unless the vehicle is occupied at the time unlawful entry is made or attempted.
An individual is justified in threatening or using force against another individual when and to the extent that the individual reasonably believes that force or a threat of force is necessary to defend the individual or another individual against the imminent use of unlawful force.
An individual is justified in using force intended or likely to cause death or serious bodily injury only if the individual reasonably believes that force is necessary to prevent death or serious bodily injury to the individual or another individual as a result of imminent use of unlawful force, or to prevent the commission of a forcible felony.
An individual is not justified in using force under the circumstances specified in Subsection (2) if the individual:
initially provokes the use of force against another individual with the intent to use force as an excuse to inflict bodily harm upon the other individual;
is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony , unless the use of force is a reasonable response to factors unrelated to the commission, attempted commission, or fleeing after the commission of that felony ; or
was the aggressor or was engaged in a combat by agreement, unless the individual withdraws from the encounter and effectively communicates to the other individual the intent to withdraw from the encounter and, notwithstanding, the other individual continues or threatens to continue the use of unlawful force.
For purposes of Subsection (3)(a)(iii) the following do not, alone, constitute "combat by agreement":
voluntarily entering into or remaining in an ongoing relationship; or
entering or remaining in a place where one has a legal right to be.
Except as provided in Subsection (3)(a)(iii):
an individual does not have a duty to retreat from the force or threatened force described in Subsection (2) in a place where that individual has lawfully entered or remained; and
the failure of an individual to retreat under the provisions of Subsection (4)(a) is not a relevant factor in determining whether the individual who used or threatened force acted reasonably.
In determining imminence or reasonableness under Subsection (2), the trier of fact may consider:
the nature of the danger;
the immediacy of the danger;
the probability that the unlawful force would result in death or serious bodily injury;
the other individual's prior violent acts or violent propensities;
any patterns of abuse or violence in the parties' relationship; and
any other relevant factors.
Notes of Decisions
Cited in 95
cases (22 in the last 5 years), 1975–2026 · leading case: State v. Tulley, 2018 UT 35 (Utah 2018).
State v. Tulley, 2018 UT 35 (Utah 2018). “’ Thus, section 76-2-402’s enumerated list of offenses is non-exhaustive .”
State v. Silva, 2019 UT 36 (Utah 2019). “§ 76-2-402 (2017); State v. Low, 2008 UT 58, ¶ 32 , 192 P.”
State v. Walker, 2015 UT App 213 (Utah Ct. App. 2015). “" Utah Code Ann. § 76-2-402 (1) (LexisNexis 2012).”
State v. Berriel, 2011 UT App 317 (Utah Ct. App. 2011). “See Utah Code Ann. § 76-2-402 (1) (2008) ("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…”
State v. Berriel, 2013 UT 19 (Utah 2013). “" 114 Black's Law Dictionary defines "imminent danger" as "[aln immediate, real threat to one's safety" and as "[the danger resulting from an immediate threatened injury." 450 (9th ed. 2009).”
Ray v. Wal-Mart Stores, Inc., 2015 UT 83 (Utah 2015). “Specifically, Wal-Mart references a 1994 House Bill amending section 76-2-402, which states, Section 2.”
State v. Sorbonne, 2022 UT 5 (Utah 2022). “We seek to do so below by establishing that Utah Code section 76-2-402 encompasses both a subjective and an objective component, under a standard that opens the door to a non-exhaustive list of factors that includes a history or pattern of abuse or violence between the parties.”
State v. Lee, 318 P.3d 1164 (Utah Ct. App. 2014). “Utah Code Ann. § 76-2-402 (1) (LexisNexis 2003).”
State v. Campos, 2013 UT App 213 (Utah Ct. App. 2013). “See Utah Code Ann. § 76-2-402 (1) (LexisNexis 2008).”
State v. Alzaga, 2015 UT App 133 (Utah Ct. App. 2015). “" Utah Code Ann. § 76-2-402 (1)(b) (LexisNexis Supp.”
State v. Gonzalez, 2015 UT 10 (Utah 2015). “” UTAH CODE § 76-2-402(1)(a). But this affirmative defense is not available if the defendant “was the aggressor.”
State v. Sorbonne, 2020 UT App 48 (Utah Ct. App. 2020). “See Utah Code Ann. § 76-2-402 (5)(d)–(e). However, this court has held that Utah Code section 76-2-402(5) does not “bestow defendants with the right to present evidence with broad narrative value of the alleged victim’s violent character” but rather such evidence “must still…”
— Utah Code § 76-2-402(1) — 16 cases
State v. Alonzo, 932 P.2d 606 (Utah Ct. App. 1997).
State v. Berriel, 2011 UT App 317 (Utah Ct. App. 2011). “See Utah Code Ann. § 76-2-402 (1) (2008) ("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…”
State v. Sherard, 818 P.2d 554 (Utah Ct. App. 1991).
State v. Herrera, 895 P.2d 359 (Utah 1995).
State v. Diaz, 859 P.2d 19 (Utah Ct. App. 1993).
— Utah Code § 76-2-402(1)(a) — 11 cases
State v. Gonzalez, 2015 UT 10 (Utah 2015). “” UTAH CODE § 76-2-402(1)(a). But this affirmative defense is not available if the defendant “was the aggressor.”
State v. Berriel, 2013 UT 19 (Utah 2013). “" 114 Black's Law Dictionary defines "imminent danger" as "[aln immediate, real threat to one's safety" and as "[the danger resulting from an immediate threatened injury." 450 (9th ed. 2009).”
Ray v. Wal-Mart Stores, Inc., 2015 UT 83 (Utah 2015). “Specifically, Wal-Mart references a 1994 House Bill amending section 76-2-402, which states, Section 2.”
State v. Silva, 2019 UT 36 (Utah 2019). “§ 76-2-402 (2017); State v. Low, 2008 UT 58, ¶ 32 , 192 P.”
State v. Berriel, 2011 UT App 317 (Utah Ct. App. 2011). “See Utah Code Ann. § 76-2-402 (1) (2008) ("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…”
— Utah Code § 76-2-402(1)(b) — 5 cases
State v. Tulley, 2018 UT 35 (Utah 2018). “’ Thus, section 76-2-402’s enumerated list of offenses is non-exhaustive .”
State v. Karr, 2015 UT App 287 (Utah Ct. App. 2015).
State v. Folsom, 2019 UT App 17 (Utah Ct. App. 2019).
State v. Johnson, 2025 UT App 63 (Utah Ct. App. 2025).
Fenstermaker v. State (Utah 2026).
— Utah Code § 76-2-402(2) — 7 cases
State v. Sorbonne, 2022 UT 5 (Utah 2022). “We seek to do so below by establishing that Utah Code section 76-2-402 encompasses both a subjective and an objective component, under a standard that opens the door to a non-exhaustive list of factors that includes a history or pattern of abuse or violence between the parties.”
State v. Pascual, 804 P.2d 553 (Utah Ct. App. 1991).
Ray v. Wal-Mart Stores, Inc., 2015 UT 83 (Utah 2015). “Specifically, Wal-Mart references a 1994 House Bill amending section 76-2-402, which states, Section 2.”
State v. Henfling, 2020 UT App 129 (Utah Ct. App. 2020).
State v. Devan, 2024 UT App 193 (Utah Ct. App. 2024).
— Utah Code § 76-2-402(2)(a) — 12 cases
State v. Sorbonne, 2022 UT 5 (Utah 2022). “We seek to do so below by establishing that Utah Code section 76-2-402 encompasses both a subjective and an objective component, under a standard that opens the door to a non-exhaustive list of factors that includes a history or pattern of abuse or violence between the parties.”
State v. Sorbonne, 2020 UT App 48 (Utah Ct. App. 2020). “See Utah Code Ann. § 76-2-402 (5)(d)–(e). However, this court has held that Utah Code section 76-2-402(5) does not “bestow defendants with the right to present evidence with broad narrative value of the alleged victim’s violent character” but rather such evidence “must still…”
State v. Clara, 2024 UT 10 (Utah 2024).
Ray v. Wal-Mart Stores, Inc., 2015 UT 83 (Utah 2015). “Specifically, Wal-Mart references a 1994 House Bill amending section 76-2-402, which states, Section 2.”
State v. Hernandez, 2024 UT App 71 (Utah Ct. App. 2024).
— Utah Code § 76-2-402(2)(a)(Giii) — 1 case
State v. Gonzalez, 2015 UT 10 (Utah 2015). “” UTAH CODE § 76-2-402(1)(a). But this affirmative defense is not available if the defendant “was the aggressor.”
— Utah Code § 76-2-402(2)(a)(i) — 1 case
Arriaga v. State, 2018 UT App 160 (Utah Ct. App. 2018).
— Utah Code § 76-2-402(2)(a)(ii) — 3 cases
State v. Silva, 2019 UT 36 (Utah 2019). “§ 76-2-402 (2017); State v. Low, 2008 UT 58, ¶ 32 , 192 P.”
State v. Grant, 2021 UT App 104 (Utah Ct. App. 2021).
State v. Martinez, 2013 UT App 154 (Utah Ct. App. 2013).
— Utah Code § 76-2-402(2)(a)(iii) — 3 cases
State v. Gonzalez, 2015 UT 10 (Utah 2015). “” UTAH CODE § 76-2-402(1)(a). But this affirmative defense is not available if the defendant “was the aggressor.”
Ray v. Wal-Mart Stores, Inc., 2015 UT 83 (Utah 2015). “Specifically, Wal-Mart references a 1994 House Bill amending section 76-2-402, which states, Section 2.”
Ray v. Wal-Mart, 2015 UT 83 (Utah 2015).
— Utah Code § 76-2-402(2)(b) — 15 cases
State v. Clara, 2024 UT 10 (Utah 2024).
State v. Broadwater, 2024 UT App 184 (Utah Ct. App. 2024).
State v. Brown, 2025 UT App 52 (Utah Ct. App. 2025).
State v. Sorbonne, 2020 UT App 48 (Utah Ct. App. 2020). “See Utah Code Ann. § 76-2-402 (5)(d)–(e). However, this court has held that Utah Code section 76-2-402(5) does not “bestow defendants with the right to present evidence with broad narrative value of the alleged victim’s violent character” but rather such evidence “must still…”
State v. Sorbonne, 2022 UT 5 (Utah 2022). “We seek to do so below by establishing that Utah Code section 76-2-402 encompasses both a subjective and an objective component, under a standard that opens the door to a non-exhaustive list of factors that includes a history or pattern of abuse or violence between the parties.”
— Utah Code § 76-2-402(3) — 2 cases
Ray v. Wal-Mart Stores, Inc., 2015 UT 83 (Utah 2015). “Specifically, Wal-Mart references a 1994 House Bill amending section 76-2-402, which states, Section 2.”
Ray v. Wal-Mart, 2015 UT 83 (Utah 2015).
— Utah Code § 76-2-402(3)(a) — 1 case
Arriaga v. State, 2020 UT 37 (Utah 2020).
— Utah Code § 76-2-402(3)(a)(i) — 1 case
Arriaga v. State, 2020 UT 37 (Utah 2020).
— Utah Code § 76-2-402(3)(a)(ii) — 1 case
State v. Silva, 2019 UT 36 (Utah 2019). “§ 76-2-402 (2017); State v. Low, 2008 UT 58, ¶ 32 , 192 P.”
— Utah Code § 76-2-402(3)(a)(iii) — 3 cases
State v. Graydon, 2023 UT App 4 (Utah Ct. App. 2023).
Arriaga v. State, 2020 UT 37 (Utah 2020).
State v. Cabututan, 2022 UT App 41 (Utah Ct. App. 2022).
— Utah Code § 76-2-402(4) — 1 case
State v. Tulley, 2018 UT 35 (Utah 2018). “’ Thus, section 76-2-402’s enumerated list of offenses is non-exhaustive .”
— Utah Code § 76-2-402(4)(b) — 1 case
State v. Tulley, 2018 UT 35 (Utah 2018). “’ Thus, section 76-2-402’s enumerated list of offenses is non-exhaustive .”
— Utah Code § 76-2-402(5) — 13 cases
State v. Walker, 2015 UT App 213 (Utah Ct. App. 2015). “" Utah Code Ann. § 76-2-402 (1) (LexisNexis 2012).”
State v. Berriel, 2013 UT 19 (Utah 2013). “" 114 Black's Law Dictionary defines "imminent danger" as "[aln immediate, real threat to one's safety" and as "[the danger resulting from an immediate threatened injury." 450 (9th ed. 2009).”
State v. Sorbonne, 2020 UT App 48 (Utah Ct. App. 2020). “See Utah Code Ann. § 76-2-402 (5)(d)–(e). However, this court has held that Utah Code section 76-2-402(5) does not “bestow defendants with the right to present evidence with broad narrative value of the alleged victim’s violent character” but rather such evidence “must still…”
State v. Jackson, 2010 UT App 328 (Utah Ct. App. 2010).
State v. Berriel, 2011 UT App 317 (Utah Ct. App. 2011). “See Utah Code Ann. § 76-2-402 (1) (2008) ("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…”
— Utah Code § 76-2-402(5)(a) — 1 case
State v. Campos, 2013 UT App 213 (Utah Ct. App. 2013). “See Utah Code Ann. § 76-2-402 (1) (LexisNexis 2008).”
— Utah Code § 76-2-402(5)(d) — 4 cases
State v. Sorbonne, 2022 UT 5 (Utah 2022). “We seek to do so below by establishing that Utah Code section 76-2-402 encompasses both a subjective and an objective component, under a standard that opens the door to a non-exhaustive list of factors that includes a history or pattern of abuse or violence between the parties.”
State v. Walker, 2015 UT App 213 (Utah Ct. App. 2015). “" Utah Code Ann. § 76-2-402 (1) (LexisNexis 2012).”
State v. Folsom, 2019 UT App 17 (Utah Ct. App. 2019).
State v. Jennings, 2025 UT 1 (Utah 2025).
— Utah Code § 76-2-402(5)(e) — 1 case
State v. Leber, 2010 UT App 387 (Utah Ct. App. 2010).
— Utah Code § 76-2-402(5)(f) — 1 case
State v. Sorbonne, 2022 UT 5 (Utah 2022). “We seek to do so below by establishing that Utah Code section 76-2-402 encompasses both a subjective and an objective component, under a standard that opens the door to a non-exhaustive list of factors that includes a history or pattern of abuse or violence between the parties.”
— Utah Code § 76-2-402(8) — 1 case
State v. Tuckett, 2000 UT App 295 (Utah Ct. App. 2000).
— Utah Code § 76-2-402(b)(a) — 1 case
State v. Maama, 2015 UT App 235 (Utah Ct. App. 2015).
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