SELF DEFENSE



39-11-611 SELF-DEFENSE

39-11-611. Self-defense. —

(a)  As used in this section, unless the context otherwise requires:

  (1)  “Curtilage” means the area surrounding a dwelling that is necessary, 
       convenient and habitually used for family purposes and for those 
       activities associated with the sanctity of a person's home;

  (2)  “Dwelling” means a building or conveyance of any kind, including any 
       attached porch, whether the building or conveyance is temporary or 
       permanent, mobile or immobile, that has a roof over it, including a 
       tent, and is designed for or capable of use by people;

  (3)  “Residence” means a dwelling in which a person resides, either temporarily 
       or permanently, or is visiting as an invited guest, or any dwelling, building
       or other appurtenance within the curtilage of the residence; and

  (4)  “Vehicle” means any motororized vehicle that is self-propelled and designed
       for use on public highways to transport people or property.
  
 
    
 
 (b)  (1)  Notwithstanding § 39-17-1322, a person who is not engaged in unlawful activity 
           and is in a place where the person has a right to be has no duty to retreat 
           before threatening or using force against another person when and to the degree
           the person reasonably believes the force is immediately necessary to protect 
           against the other's use or attempted use of unlawful force.

      (2)  Notwithstanding § 39-17-1322, a person who is not engaged in unlawful activity 
           and is in a place where the person has a right to be has no duty to retreat 
           before threatening or using force intended or likely to cause death or serious
           bodily injury, if:
 
        (A)  The person has a reasonable belief that there is an imminent danger of death 
             or serious bodily injury;

        (B)  The danger creating the belief of imminent death or serious bodily injury is 
             real, or honestly believed to be real at the time; and

        (C)  The belief of danger is founded upon reasonable grounds.
  
 
 
   
 (c)  Any person using force intended or likely to cause death or serious bodily injury 
      within a residence, dwelling or vehicle is presumed to have held a reasonable belief
      of imminent death or serious bodily injury to self, family, a member of the household
      or a person visiting as an invited guest, when that force is used against another 
      person, who unlawfully and forcibly enters or has unlawfully and forcibly entered the
      residence, dwelling or vehicle, and the person using defensive force knew or had reason
      to believe that an unlawful and forcible entry occurred.
  
 
 
   
 (d)  The presumption established in subsection (c) shall not apply, if:
   
      (1)  The person against whom the force is used has the right to be in or is a lawful 
           resident of the dwelling, residence, or vehicle, such as an owner, lessee, or 
           titleholder; provided, that the person is not prohibited from entering the dwelling,
           residence, or occupied vehicle by an order of protection, injunction for protection 
           from domestic abuse, or a court order of no contact against that person;
 
      (2)  The person against whom the force is used is attempting to remove a person or persons
           who is a child or grandchild of, or is otherwise in the lawful custody or under the
           lawful guardianship of, the person against whom the defensive force is used;
  
      (3)  Notwithstanding § 39-17-1322, the person using force is engaged in an unlawful 
           activity or is using the dwelling, residence, or occupied vehicle to further 
           an unlawful activity; or
  
      (4)  The person against whom force is used is a law enforcement officer, as defined in
           § 39-11-106, who enters or attempts to enter a dwelling, residence, or vehicle in
           the performance of the officer's official duties, and the officer identified the 
           officer in accordance with any applicable law, or the person using force knew or 
           reasonably should have known that the person entering or attempting to enter was 
           a law enforcement officer.
   
 
 

 (e)  The threat or use of force against another is not justified:
  
      (1)  If the person using force consented to the exact force used or attempted by the 
           other individual;
  
      (2)  If the person using force provoked the other individual's use or attempted use 
           of unlawful force, unless:
 
         (A)  The person using force abandons the encounter or clearly communicates to the 
              other the intent to do so; and
  
         (B)  The other person nevertheless continues or attempts to use unlawful force 
              against the person; or
  
 
      (3)  To resist a halt at a roadblock, arrest, search, or stop and frisk that the person 
           using force knows is being made by a law enforcement officer, unless:
 
         (A)  The law enforcement officer uses or attempts to use greater force than necessary 
              to make the arrest, search, stop and frisk, or halt; and
  
         (B)  The person using force reasonably believes that the force is immediately necessary 
              to protect against the law enforcement officer's use or attempted use of greater 
              force than necessary.
  
 
[Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 8; 2007, ch. 210, § 1.]