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 (1)  He or she reasonably believes that such deadly force is necessary to protect himself, or herself or her unborn child, or another against death, serious physical injury, or any forcible felony;

  (2)  Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter a dwelling, residence, or vehicle lawfully occupied by such person; or

  (3)  Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter private property that is owned or leased by an individual, or is occupied by an individual who has been given specific authority by the property owner to occupy the property, claiming a justification of using protective force under this section.

  3.  A person does not have a duty to retreat:

  (1)  From a dwelling, residence, or vehicle where the person is not unlawfully entering or unlawfully remaining;

  (2)  From private property that is owned or leased by such individual; or

  (3)  If the person is in any other location such person has the right to be.

  4.  The justification afforded by this section extends to the use of physical restraint as protective force provided that the actor takes all reasonable measures to terminate the restraint as soon as it is reasonable to do so.

  5.  The defendant shall have the burden of injecting the issue of justification under this section.  If a defendant asserts that his or her use of force is described under subdivision (2) of subsection 2 of this section, the burden shall then be on the state to prove beyond a reasonable doubt that the defendant did not reasonably believe that the use of such force was necessary to defend against what he or she reasonably believed was the use or imminent use of unlawful force.

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(L. 1977 S.B. 60, A.L. 1993 S.B. 180, A.L. 2007 S.B. 62 & 41, A.L. 2010 H.B. 1692, et al. merged with H.B. 2081, A.L. 2016 S.B. 656)

*Effective 10-14-16, se

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  • Platinum Contributing Member

File a massive wrongful or malicious prosecution lawsuit against them.   It will be a huge payday.

Edited by Highmark
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  • Trying to pay the bills, lol



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