Law enforcement officer use of deadly force.

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  • (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 76-1-601.
  • (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).





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