Utah Code

Utah Code § 76-2-406 (2026)

Force in defense of property -- Affirmative defense

✓ current as of May 2026

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Except as provided in Section 76-2-405, an actor is justified in using force, other than deadly force, against another individual when and to the extent that the actor reasonably believes that force is necessary to prevent or terminate the individual's criminal interference with:

real or personal property lawfully in the actor's possession;

real or personal property lawfully in the possession of a member of the actor's immediate family;

real or personal property belonging to an individual whose property the actor has a legal duty to protect; or

personal property that the actor reasonably believes belongs to another person and that individual's criminal interference is meant to deprive the other person of the person's personal property.

In determining reasonableness under Subsection (1), the trier of fact shall, in addition to any other factors, consider the following factors:

the apparent or perceived extent of the damage to the property;

property damage previously caused by the other individual;

threats of personal injury or damage to property that have been made previously by the other individual; and

any patterns of abuse or violence between the actor and the individual.

Notes of Decisions

Cited in 5 cases, 1991–2013 · leading case: State v. Gardiner, 814 P.2d 568 (Utah 1991).

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State v. Gardiner, 814 P.2d 568 (Utah 1991). · cites it 32× “" Utah Code Ann. § 76-2-406 (1990). This section does permit the use of force to prevent a criminal interference with real property, and it could be construed to cover an illegal search of commercial premises.”

State v. Alonzo, 932 P.2d 606 (Utah Ct. App. 1997). · cites it 8× “at 575-76 (quoting Utah Code Ann. § 76-2-406 (1990)). The supreme court noted, however, that this section "does not explicitly mention peace officers," and concluded that "that legislative silence indicates an intention that the actions of law enforcement officers taken within…”

State v. Herrera, 895 P.2d 359 (Utah 1995). · cites it 2× “Utah Code Ann. § 76-2-406 provides, "A person is justified in using force, other than deadly force, against another when and to the extent that he reasonably believes that force is necessary to prevent or terminate criminal interference with real or personal property.”

State v. Ring, 2013 UT App 98 (Utah Ct. App. 2013). · cites it 2× “See Utah Code Ann. § 76-2-406 (LexisNexis 2012).”

Layton City v. Tatton, 2011 UT App 334 (Utah Ct. App. 2011). · cites it 2× “See Utah Code Ann. § 76-2-406 (1)(a) (Supp.2010) ("A person is justified in using force, other than deadly force, against another when and to the extent that the person reasonably believes that force is necessary to prevent or terminate another person's criminal interference…”

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