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In Utah, you do not have to retreat in order to defend yourself from physical harm. But that doesn’t always mean what you think it means because not all prosecutors like our self-defense laws and might try to circumvent them.
South Carolina
When I was living in Sumter, South Carolina, a man walked through my neighborhood and approached a single woman’s front door. He started banging on the door and slamming into like he was trying to get inside. The woman shot him in the face through the small glass window in the front door and killed him. She was not charged with a crime. The killing was considered justified. The neighborhood gossips said “banging on a woman’s door is a good way to get dead.”
I told that story to a Utah prosecutor. He told me he would have charged her with murder even though our both Utah and South Carolina’s self-defense statutes use very similar language.
South Carolina vs Utah
On paper, Utah and South Carolina — and the other southern states — have very similar self-defense laws. Both allow you to use self-defense to protect yourself and others from bodily harm. Both do not have a duty to retreat — “Stand Your Ground” — before you act in self-defense. And Both allow you to protect your home from unlawful entry.
However, the cultures of Utah and South Carolina are not the same and culture matters. Culture often influences how laws are enforced, including prosecution. In the South, especially South Carolina, citizens are culturally expected to defend themselves and the police are seen as backup, not your primary protection. This is because South Carolina’s culture does not strongly trust the government and emphasizes individuality.
Utah, on the other hand, especially along the Wasatch Front, values community more and has more trust in the government. Many people see calling the police as the first step in protecting yourself, and self-defense as the backup. This is likely because Utah was founded by New Englanders who brought their culture with them across the plains in 1847.
Take Away
If you live in the Wasatch Front and feel you need to act in self-defense, be ready to be charged with a crime even if you really believe you were in danger of being assaulted. This is especially true if you use deadly force. A good rule of thumb: if you use deadly force in self-defense in Utah, make sure you actually need to defend yourself, your home, your family, becaue you might go to jail.