Utah is a Castle Doctrine State

[TacticalAdvantage]

Utah Code
Title 76
Utah Criminal Code
Chapter 2
Principles of Criminal Responsibility
Section 405
Force in defense of habitation.

76-2-405. Force in defense of habitation.
(1) A person is justified in using force against another when and to the extent that he reasonably believes that the force is necessary to prevent or terminate the other's unlawful entry into or attack upon his habitation; however, he is justified in the use of force which is intended or likely to cause death or serious bodily injury only if:

(a) the entry is made or attempted in a violent and tumultuous manner, surreptitiously, or by stealth, and he reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person, dwelling, or being in the habitation and he reasonably believes that the force is necessary to prevent the assault or offer of personal violence; or

(b) he reasonably believes that the entry is made or attempted for the purpose of committing a felony in the habitation and that the force is necessary to prevent the commission of the felony.

(2) The person using force or deadly force in defense of habitation is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the entry or attempted entry is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony.

Amended by Chapter 252, 1985 General Session

 

[SilvrSRT10]

North Carolina Too

Deadly Force / Castle Doctrine:
North Carolina is a Castle Doctrine state and has a stand-your-ground law.

North Carolina General Statutes §14-51.1

§ 14‑51.1. Use of deadly physical force against an intruder.
(a) A lawful occupant within a home or other place of residence is justified in using any degree of force that the occupant reasonably believes is necessary, including deadly force, against an intruder to prevent a forcible entry into the home or residence or to terminate the intruder’s unlawful entry (i) if the occupant reasonably apprehends that the intruder may kill or inflict serious bodily harm to the occupant or others in the home or residence, or (ii) if the occupant reasonably believes that the intruder intends to commit a felony in the home or residence.
(b) A lawful occupant within a home or other place of residence does not have a duty to retreat from an intruder in the circumstances described in this section.
(c) This section is not intended to repeal, expand, or limit any other defense that may exist under the common law. (1993 (Reg. Sess., 1994), c. 673, s. 1.)

 

[ViperJeff]

Steve, under the Utah Code, what is the definition of "Habitation"?

 

[TacticalAdvantage]

Steve, under the Utah Code, what is the definition of "Habitation"?

Utah has no Legal Definition of habitation, but Habitation is Understood as being a place of Abode or a place where you reside, that can include Your Home, a temporary camp, Hotel room Car, or Camper

 

[ViperJeff]

Thank You Sir

 

[TacticalAdvantage]

Steve, under the Utah Code, what is the definition of "Habitation"?

Although Jeff, I have found in Utah Criminal code 76-6-101 it says (b) "Habitable structure" means any building, vehicle, trailer, railway car, aircraft, or watercraft used for lodging or assembling persons or conducting business whether a person is actually present or not.

However, Jeff, according to Mitch Vilos, it is unclear whether a definition intended for one chapter in the Utah Code, is binding in another.

 

[ViperJeff]

Although Jeff, I have found in Utah Criminal code 76-6-101 it says (b) "Habitable structure" means any building, vehicle, trailer, railway car, aircraft, or watercraft used for lodging or assembling persons or conducting business whether a person is actually present or not.

However, Jeff, according to Mitch Vilos, it is unclear whether a definition intended for one chapter in the Utah Code, is binding in another.

and thats what I hate, the inconsistency in law