Current through Act 313 of the 2023 Regular Session.
Section 5-2-606 - Use of physical force in defense of a person(a)(1) A person is justified in using physical force upon another person to defend himself or herself or a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force by that other person, and the person may use a degree of physical force that he or she reasonably believes to be necessary.(2) However, the person may not use deadly physical force except as provided in § 5-2-607.(b) A person is not justified in using physical force upon another person if:(1) With purpose to cause physical injury or death to the other person, the person provokes the use of unlawful physical force by the other person;(2)(A) The person is the initial aggressor.(B) However, the initial aggressor's use of physical force upon another person is justifiable if: (i) The initial aggressor in good faith withdraws from the encounter and effectively communicates to the other person his or her purpose to withdraw from the encounter; and(ii) The other person continues or threatens to continue the use of unlawful physical force; or(3) The physical force involved is the product of a combat by agreement not authorized by law.(c) A person who uses or threatens to use physical force as otherwise permitted under this subchapter does not have a duty to retreat before using or threatening to use the physical force if the person is:(1) Lawfully present in the location;(2) Not engaged in criminal activity that gives rise to the need to use physical force; and(3) Not engaged in any activity in furtherance of a criminal gang, organization, or enterprise as defined under § 5-74-103.Amended by Act 2021, No. 250,§ 1, eff. 7/28/2021.Acts 1975, No. 280, § 506; A.S.A. 1947, § 41-506; Acts 2007, No. 827, § 13.