H.B. 114 Self-Defense Amendments
Section Affected:
U.C.A. 76-2-402. Force in defense of person — Forcible felony defined.
U.C.A. 76-10-506. Threatening with or using dangerous weapon in fight or quarrel.
Under this Bill it would change the wording of 76-2-402 and clarify that an individual does not have a duty to retreat even if safety could be achieved by retreating and the individual’s failure to retreat is not a relevant factor in determining whether the individual who used or threatened force acted reasonably.
Under current law, a person does not have a duty to retreat but the prosecutor could argue that the use of force was unreasonable if the person could have retreated and chosen not to.
We Support This Bill
