UT SB0105

Removes the justification defense for individuals who recklessly or with criminal negligence injure or kill a bystander while using force that would otherwise be legally justified against another person

Limits the transferred intent doctrine so it cannot be used to establish intentional or knowing conduct when a bystander is harmed during justified use of force against a different individual

Expands pretrial justification hearing procedures to allow defendants charged with recklessly or negligently harming a bystander to seek a hearing on whether their underlying use of force was justified and whether they acted recklessly

Requires the state to prove by clear and convincing evidence at pretrial hearings that the defendant was either not justified in using force or was reckless/criminally negligent in causing bystander harm

Takes effect May 6, 2026