HB 102: Felonies and Use of Force

This bill passed the House with a vote of 66-5 and the Senate with a vote of 25-1.

Imagine a person stealing an item worth more than $1,500, which is classified as a third degree felony in Utah. After fleeing, the criminal happens to be assaulted by another person. Under current law, any use of force by the thief to protect themselves would not be justified—in other words, the criminal would be legally prohibited from defending him or herself.

Specifically, Utah law says that “a person is not justified in using force” if the person “is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony.”

Another example: polygamists in Utah are de facto classified as felons for cohabiting with more than one spouse. Because of this, an overzealous prosecutor could successfully argue in court that a polygamist defending their family from a home invader was not justified in using that force merely because he was engaged in felonious activity.

To correct this problem, Representative Brian Greene has introduced a very simple amendment in House Bill 102 that would only deem the felon’s use of force unjustified if the criminal activity was “directly related and necessary to the use of force.”

Thus, is the thief in the first example shot the employee trying to recover the stolen item, the criminal’s use of force would not be justified because it was related to the crime itself. Defense against an unrelated threat would be justified.

This reasonable change ensures that even an alleged felon can defend him or herself against aggression that is unrelated to their criminal activity.