Utah § 76-2-404 - Law enforcement officer use of deadly force.

Full text of Utah Utah Code § 76-2-404 — Law enforcement officer use of deadly force., with citation guidance and answers to common questions.

§ 76-2-404. Law enforcement officer use of deadly force.

Effective 5/4/2022
76-2-404.  Law enforcement officer use of deadly force.
(1) As used in this section:
(a) "Deadly force" means force that creates or is likely to create, or that the individual using the force intends to create, a substantial likelihood of death or serious bodily injury to an individual.
(b) "Officer" means an officer described in Section 53-13-102.
(c) "Serious bodily injury" means the same as that term is defined in Section 76-1-101.5.
(2) The defense of justification applies to the use of deadly force by an officer, or an individual acting by the officer's command in providing aid and assistance, when:
(a) the officer is acting in obedience to and in accordance with the judgment of a competent court in executing a penalty of death under Subsection 77-18-113(2), (3), or (4);
(b) effecting an arrest or preventing an escape from custody following an arrest, if:
(i) the officer reasonably believes that deadly force is necessary to prevent the arrest from being defeated by escape; and
(ii)
(A) the officer has probable cause to believe that the suspect has committed a felony offense involving the infliction or threatened infliction of death or serious bodily injury; or
(B) the officer has probable cause to believe the suspect poses a threat of death or serious bodily injury to the officer or to an individual other than the suspect if apprehension is delayed; or
(c) the officer reasonably believes that the use of deadly force is necessary to prevent death or serious bodily injury to the officer or an individual other than the suspect.
(3) If feasible, a verbal warning should be given by the officer prior to any use of deadly force under Subsection (2)(b) or (2)(c).


Amended by Chapter 181, 2022 General Session

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 76-2-404

What does Utah Code § 76-2-404 cover?

Section 76-2-404 ("Law enforcement officer use of deadly force.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 76-2-404?

A common citation format is "Utah Code § 76-2-404" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 76-2-404 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.