76-2-404 - Peace officer's use of deadly force. - Utah Statutes

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Statutes > Utah > Title-76 > Chapter-02 > 76-2-404

76-2-404. Peace officer's use of deadly force.
(1) A peace officer, or any person acting by his command in his aid and assistance, isjustified in using deadly force when:
(a) the officer is acting in obedience to and in accordance with the judgment of acompetent court in executing a penalty of death under Subsection 77-18-5.5(3) or (4);
(b) effecting an arrest or preventing an escape from custody following an arrest, wherethe officer reasonably believes that deadly force is necessary to prevent the arrest from beingdefeated by escape; and
(i) the officer has probable cause to believe that the suspect has committed a felonyoffense involving the infliction or threatened infliction of death or serious bodily injury; or
(ii) the officer has probable cause to believe the suspect poses a threat of death or seriousbodily injury to the officer or to others if apprehension is delayed; or
(c) the officer reasonably believes that the use of deadly force is necessary to preventdeath or serious bodily injury to the officer or another person.
(2) If feasible, a verbal warning should be given by the officer prior to any use of deadlyforce under Subsection (1)(b) or (1)(c).

Amended by Chapter 51, 2004 General Session

State Codes and Statutes

Statutes > Utah > Title-76 > Chapter-02 > 76-2-404

76-2-404. Peace officer's use of deadly force.
(1) A peace officer, or any person acting by his command in his aid and assistance, isjustified in using deadly force when:
(a) the officer is acting in obedience to and in accordance with the judgment of acompetent court in executing a penalty of death under Subsection 77-18-5.5(3) or (4);
(b) effecting an arrest or preventing an escape from custody following an arrest, wherethe officer reasonably believes that deadly force is necessary to prevent the arrest from beingdefeated by escape; and
(i) the officer has probable cause to believe that the suspect has committed a felonyoffense involving the infliction or threatened infliction of death or serious bodily injury; or
(ii) the officer has probable cause to believe the suspect poses a threat of death or seriousbodily injury to the officer or to others if apprehension is delayed; or
(c) the officer reasonably believes that the use of deadly force is necessary to preventdeath or serious bodily injury to the officer or another person.
(2) If feasible, a verbal warning should be given by the officer prior to any use of deadlyforce under Subsection (1)(b) or (1)(c).

Amended by Chapter 51, 2004 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-76 > Chapter-02 > 76-2-404

76-2-404. Peace officer's use of deadly force.
(1) A peace officer, or any person acting by his command in his aid and assistance, isjustified in using deadly force when:
(a) the officer is acting in obedience to and in accordance with the judgment of acompetent court in executing a penalty of death under Subsection 77-18-5.5(3) or (4);
(b) effecting an arrest or preventing an escape from custody following an arrest, wherethe officer reasonably believes that deadly force is necessary to prevent the arrest from beingdefeated by escape; and
(i) the officer has probable cause to believe that the suspect has committed a felonyoffense involving the infliction or threatened infliction of death or serious bodily injury; or
(ii) the officer has probable cause to believe the suspect poses a threat of death or seriousbodily injury to the officer or to others if apprehension is delayed; or
(c) the officer reasonably believes that the use of deadly force is necessary to preventdeath or serious bodily injury to the officer or another person.
(2) If feasible, a verbal warning should be given by the officer prior to any use of deadlyforce under Subsection (1)(b) or (1)(c).

Amended by Chapter 51, 2004 General Session