Utah Code » Title 76, Chapter 2 — Principles of Criminal Responsibility; part 76-2-4 — Justification Excluding Criminal Responsibility
Utah Code

Utah Code § 76-2-403 (2026)

Force in arrest or temporary detention

✓ current as of May 2026
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A person is justified in using any force, except deadly force, which the person reasonably believes to be necessary to effect an arrest or temporary detention or to defend the person's self or another from bodily harm while making an arrest or temporary detention.

Notes of Decisions
Cited in 3 cases, 1995–2020 · leading case: State v. Herrera, 895 P.2d 359 (Utah 1995).
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State v. Herrera, 895 P.2d 359 (Utah 1995). · cites it 2× “Utah Code Ann. § 76-2-403 provides, "Any person is justified in using any force, except deadly force, which he reasonably believes to be necessary to effect or to defend himself or another from bodily harm while making an arrest.”
State v. Quada, 918 P.2d 883 (Utah Ct. App. 1996). · cites it 4× “Utah Code Ann. § 76-2-403 (1995) provides, with our emphasis, that “[a]ny person is justified in using any force, except deadly force, which he reasonably believes to be necessary to effect an arrest or to defend himself or another from bodily harm while making an arrest.”
Jones v. United States (Fed. Cl. 2020). “” Utah Code Ann. § 76-2-403 . A peace officer is justified in using even deadly force if “the officer reasonably believes that the use of deadly force is 28 necessary to prevent death or serious bodily injury to the officer or another person.”
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