Utah Code
Utah Code § 77-7-3 (2026)
Temporary detention made by a private individual
✓ laws through the 2026 General Session (checked Sept. 2026)
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A private individual may temporarily detain another individual:
for a public offense committed or attempted in the private individual's presence; or
when a felony has been committed and the private individual has reasonable cause to believe the individual who the private individual seeks to temporarily detain has committed the felony.
A temporary detention under Subsection (1) is lawful only if:
the private individual immediately contacts law enforcement to notify law enforcement of the situation and the temporary detention; and
the temporary detention lasts only until a law enforcement officer arrives.
A private individual is not required to immediately contact law enforcement as described in Subsection (2)(a)(i) if the private individual knows that another individual has already contacted law enforcement to notify law enforcement of the situation and the temporary detention.
A private individual who in good faith conducts a lawful temporary detention under this section is:
not liable for civil damages or penalties as a result of an act or omission by the private individual in performing the temporary detention unless the private individual was grossly negligent; and
not subject to criminal prosecution for an act or omission by the private individual in performing the temporary detention unless the private individual was criminally negligent.
A private individual may use force while temporarily detaining another individual under this section as described in Section 77-7-7.1.
Amended by Chapter 199, 2025 General Session
Amended by Chapter 302, 2025 General Session
Notes of Decisions
Cited in 4
cases, 1984–2016 · leading case: State v. Mackin, 2016 UT 47, 387 P.3d 986.
State v. Mackin, 2016 UT 47, 387 P.3d 986. “”' Utah Code § 77-7-3. An arrest is defined as “an actual restraint of the person arrested or submission to custody.”
Callahan v. Millard Cnty., 494 F.3d 891 (10th Cir. 2007). “See Utah Code Ann. § 77-7-3 (2003). To be sure, the ordinary citizen does not possess all the powers and obligations attendant to being a police officer.”
State v. Quada, 918 P.2d 883 (Utah Ct. App. 1996). “Second, defendant asserts the trial court erred in not instructing the jury on the defense of lawful citizen’s arrest, in accordance with Utah Code Ann. § 77-7-3 (1995). Finally, defendant claims the evidence presented at trial was insufficient to convict him on two counts of…”
McFarland v. Skaggs Companies, Inc., 678 P.2d 298 (Utah 1984). “, 1953, § 77-7-3. 4 . Utah, 605 P.2d 314 (1979). 5 .”
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