SB 105: Use of Force Amendments - Utah

Amended 2/27/2026 15:02:964 → Substitute #1 · 5 edits

MODERATE

This bill amends Utah's use-of-force laws to clarify when criminal intent transfers to unintended victims and to create a new pretrial hearing process for defendants who claim they used justified force but accidentally injured a bystander through recklessness or criminal negligence.

Scope change

The bill expands the scope of the pretrial justification hearing process to include cases involving bystander injuries caused by recklessness or criminal negligence, whereas previously these specific scenarios were not explicitly covered under the hearing procedures.

DEFINITION

Clarified that transferred criminal intent does not apply if the actor was justified in using force against a specific target but accidentally injured a bystander through recklessness or criminal negligence.

REQUIREMENT

Established a new pretrial justification hearing procedure specifically for defendants charged with recklessly or negligently injuring a bystander while claiming their force use against another individual was justified.

ENFORCEMENT

Changed the burden of proof for the state in pretrial hearings from a general standard to 'clear and convincing evidence' when the defendant raises the specific bystander injury defense.

TIMELINE

Set the effective date of the new provisions to May 6, 2026.

TECHNICAL

Corrected formatting errors, removed redundant section references, and standardized the list of applicable code sections in the bill text.

Amended Excerpts 2/27/2026 15:02:964 → Amended 2/27/2026 15:02:964 · 3 edits

MINOR

This bill updates Utah's laws on the use of force to clarify when a person can claim self-defense if they accidentally injure or kill a bystander. It removes the ability to claim self-defense if the actor was reckless or criminally negligent regarding the bystander's injury, and it establishes a specific pretrial hearing process for these cases.

Scope change

The bill expands the scope of pretrial justification hearings to include cases where a defendant claims self-defense against one person but recklessly injures or kills a bystander.

ELIGIBILITY

Modified the definition of transferred intent to prevent it from applying when a person uses justified force but recklessly or negligently harms a bystander.

REQUIREMENT

Added a requirement that defendants charged with recklessly or negligently harming a bystander must prove they were not reckless or negligent regarding that specific harm to qualify for a pretrial justification hearing.

ENFORCEMENT

Added specific procedures for pretrial hearings where the state must prove by clear and convincing evidence that the defendant was reckless or negligent regarding the bystander.

Introduced → Amended Excerpts 2/27/2026 15:02:964 · 3 edits

MINOR

This bill amends Utah's self-defense laws to restrict the 'bystander exception,' which previously allowed individuals to claim self-defense even if they accidentally injured an innocent bystander while defending themselves against an attacker. The changes remove this protection if the actor was charged with recklessly or criminally negligently causing injury or death to that innocent bystander, and it adds a pretrial hearing barrier for defendants facing such charges.

Scope change

The scope of the self-defense justification defense has been narrowed; it is no longer available to defendants who recklessly or negligently harm innocent bystanders during an alleged justified confrontation.

ELIGIBILITY

Removed the ability for a defendant to claim self-defense if they are charged with recklessly or criminally negligently causing injury or death to an innocent individual (bystander) while using force against a different target.

REQUIREMENT

Added a new condition to the pretrial justification hearing process that denies the hearing to defendants charged with recklessly or negligently harming an innocent bystander, requiring them to go to trial to prove justification.

DEFINITION

Modified the statutory language to explicitly define the 'bystander exception' limits, clarifying that the defense fails if the actor's conduct toward the bystander was reckless or criminally negligent.

Use of Force Amendments

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