§ 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 .

Legislative History

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.