Current through the 2024 Fourth Special Session
Section 76-5-305 - Defenses(1) It is a defense under this part that: (a) the actor was acting under a reasonable belief that:(i) the conduct was necessary to protect any individual from imminent bodily injury or death; or(ii) the detention or restraint was authorized by law; or(b) the alleged victim is younger than 18 years old or is a dependent adult, as defined in Section 76-5-111, and the actor was acting under a reasonable belief that the custodian, guardian, caretaker, legal guardian, custodial parent, or person acting in loco parentis to the victim would, if present, have consented to the actor's conduct.(2) Subsection (1)(b) may not be used as a defense to conduct described in Section 76-5-308.5.Amended by Chapter 181, 2022 General Session ,§ 67, eff. 5/4/2022.Amended by Chapter 26, 2019 General Session ,§ 2, eff. 5/14/2019.Enacted by Chapter 301, 2001 General Session.