Current through Bulletin 2024-18, September 15, 2024
(1) A person is
legally justified in killing or seriously injuring a threatening wild animal
when the person reasonably believes such action is necessary to protect them
self, another person, or a domestic animal against an imminent attack by the
wild animal that will likely result in severe bodily injury or death to the
victim.
(2)
(a) In determining imminence or
reasonableness under Subsection (1), the trier of fact may consider, but is not
limited to, any of the following factors:
(i)
the nature of the danger;
(ii) the
immediacy of the danger;
(iii) the
probability that the threatening wild animal will attack;
(iv) the probability that the attack will
result in death or serious bodily injury;
(v) the ability to safely avoid the
danger;
(vi) the fault of the
person in creating the encounter; and
(vii) any previous pattern of aggressive or
threatening behavior by the individual wild animal which was known to the
person claiming self defense.
(b) Notwithstanding Subsection (2)(a), a
person who is legally located or traveling in a place where attacked or
approached by a threatening wild animal is not required to retreat.
(c) In all cases involving a reasonably
plausible assertion of self defense, it is presumed the life and safety of a
human being is paramount to the life or safety of a wild
animal.
(3)
(a) A person shall notify the division within
12 hours after killing or wounding a wild animal under Subsection
(1).
(b) No wild animal killed
pursuant to Subsection (1) or the parts thereof may be removed from the site,
repositioned, retained, sold, or transferred without written authorization from
the division.
(4)
(a) A person is not legally justified in
killing or seriously injuring a threatening wild animal under the circumstances
specified in Subsection (1) if the person intentionally, knowingly, or
recklessly provokes or attracts the wild animal into a situation in which it is
probable it will threaten the person, another person, or a domestic
animal.
(b) Notwithstanding
Subsection (4)(a), a person lawfully pursuing a cougar or bear with dogs may
seriously injure or kill that cougar or bear when they reasonably believe such
action is necessary to protect them self or another person against an imminent
attack that will likely result in severe bodily injury or death.
(5) A person that kills or
seriously injures a wild animal that enters a home, tent, camper, or other
permanent or temporary living structure occupied by a person is presumed to
have acted reasonably and had a reasonable fear the wild animal's entry
presented an imminent threat of severe bodily injury or death to an occupant of
the structure, provided the intruding wild animal is:
(a) reasonably perceived as an animal
physically capable of causing severe bodily injury or death to a human being;
and
(b) killed or injured while
attempting to enter, entering, or occupying the involved structure.
