78B-3-110 - Defense to civil action for damages resulting from commission of crime. - Utah Statutes

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Statutes > Utah > Title-78b > Chapter-03 > 78b-3-110

78B-3-110. Defense to civil action for damages resulting from commission of crime.
(1) A person may not recover from the victim of a crime for personal injury or propertydamage if the person:
(a) entered the property of the victim with criminal intent and the injury or damageoccurred while the person was on the victim's property; or
(b) committed a crime against the victim, during which the damage or injury occurred.
(2) The provisions of Subsection (1) do not apply if the person can prove by clear andconvincing evidence that:
(a) his actions did not constitute a felony; and
(b) his culpability was less than the person from whom recovery is sought.
(3) Subsections (1) and (2) apply to any next-of-kin, heirs, or personal representatives ofthe person if the person is disabled or killed.
(4) Subsections (1), (2), and (3) do not apply if the person committing or attempting tocommit the crime has clearly retreated from the criminal activity.
(5) "Clearly retreated" means that the person committing the criminal act has fully,clearly, and immediately ceased all hostile, threatening, violent, or criminal behavior or activity.

Renumbered and Amended by Chapter 3, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-03 > 78b-3-110

78B-3-110. Defense to civil action for damages resulting from commission of crime.
(1) A person may not recover from the victim of a crime for personal injury or propertydamage if the person:
(a) entered the property of the victim with criminal intent and the injury or damageoccurred while the person was on the victim's property; or
(b) committed a crime against the victim, during which the damage or injury occurred.
(2) The provisions of Subsection (1) do not apply if the person can prove by clear andconvincing evidence that:
(a) his actions did not constitute a felony; and
(b) his culpability was less than the person from whom recovery is sought.
(3) Subsections (1) and (2) apply to any next-of-kin, heirs, or personal representatives ofthe person if the person is disabled or killed.
(4) Subsections (1), (2), and (3) do not apply if the person committing or attempting tocommit the crime has clearly retreated from the criminal activity.
(5) "Clearly retreated" means that the person committing the criminal act has fully,clearly, and immediately ceased all hostile, threatening, violent, or criminal behavior or activity.

Renumbered and Amended by Chapter 3, 2008 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-03 > 78b-3-110

78B-3-110. Defense to civil action for damages resulting from commission of crime.
(1) A person may not recover from the victim of a crime for personal injury or propertydamage if the person:
(a) entered the property of the victim with criminal intent and the injury or damageoccurred while the person was on the victim's property; or
(b) committed a crime against the victim, during which the damage or injury occurred.
(2) The provisions of Subsection (1) do not apply if the person can prove by clear andconvincing evidence that:
(a) his actions did not constitute a felony; and
(b) his culpability was less than the person from whom recovery is sought.
(3) Subsections (1) and (2) apply to any next-of-kin, heirs, or personal representatives ofthe person if the person is disabled or killed.
(4) Subsections (1), (2), and (3) do not apply if the person committing or attempting tocommit the crime has clearly retreated from the criminal activity.
(5) "Clearly retreated" means that the person committing the criminal act has fully,clearly, and immediately ceased all hostile, threatening, violent, or criminal behavior or activity.

Renumbered and Amended by Chapter 3, 2008 General Session