Fla. Stat. § 776.041

Current through Chapter 6 of the 2020 Legislative Session
Section 776.041 - Use or threatened use of force by aggressor

The justification described in the preceding sections of this chapter is not available to a person who:

(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use or threatened use of force against himself or herself, unless:
(a) Such force or threat of force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use or threatened use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use or threatened use offorce, but the assailant continues or resumes the use or threatened use offorce.

Fla. Stat. § 776.041

Amended by 2014 Fla. Laws, ch. 195,s 7, eff. 6/20/2014.

s. 13, ch. 74-383; s.1190, ch. 97-102.