(a)In enacting this section, the general
assembly finds and declares that it is the policy of this state to
recognize the unique character of a citizen's home and to ensure that a
citizen feels secure in his or her own home against unlawful intrusion
by another individual or a public servant. By reaffirming the long
standing right of a citizen to protect his or her home against unlawful
intrusion, however, the general assembly does not intend to diminish
in any way the other robust self-defense rights that citizens of this state
have always enjoyed. Accordingly, the general assembly also finds and
declares that it is the policy of this state that people have a right to
defend themselves and third parties from physical harm and crime. The
purpose of this section is to provide the citizens
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(a) In enacting this section, the general
assembly finds and declares that it is the policy of this state to
recognize the unique character of a citizen's home and to ensure that a
citizen feels secure in his or her own home against unlawful intrusion
by another individual or a public servant. By reaffirming the long
standing right of a citizen to protect his or her home against unlawful
intrusion, however, the general assembly does not intend to diminish
in any way the other robust self-defense rights that citizens of this state
have always enjoyed. Accordingly, the general assembly also finds and
declares that it is the policy of this state that people have a right to
defend themselves and third parties from physical harm and crime. The
purpose of this section is to provide the citizens of this state with a
lawful means of carrying out this policy. Provisions concerning civil
immunity for the justified use of force as defined in this section are
codified under IC 34-30-31.
(b) As used in this section, "public servant" means a person
described in IC 35-31.5-2-129 or IC 35-31.5-2-185.
(c) A person is justified in using reasonable force against any other
person to protect the person or a third person from what the person
reasonably believes to be the imminent use of unlawful force.
However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent
serious bodily injury to the person or a third person or the commission
of a forcible felony. No person, employer, or estate of a person in this
state shall be placed in legal jeopardy of any kind whatsoever for
protecting the person or a third person by reasonable means necessary.
(d) A person:
(1) is justified in using reasonable force, including deadly force,
against any other person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent
or terminate the other person's unlawful entry of or attack on the
person's dwelling, curtilage, or occupied motor vehicle.
(e) With respect to property other than a dwelling, curtilage, or an
occupied motor vehicle, a person is justified in using reasonable force
against any other person if the person reasonably believes that the force
is necessary to immediately prevent or terminate the other person's
trespass on or criminal interference with property lawfully in the
person's possession, lawfully in possession of a member of the person's
immediate family, or belonging to a person whose property the person
has authority to protect. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
only if that force is justified under subsection (c).
(f) A person is justified in using reasonable force, including deadly
force, against any other person and does not have a duty to retreat if the
person reasonably believes that the force is necessary to prevent or stop
the other person from hijacking, attempting to hijack, or otherwise
seizing or attempting to seize unlawful control of an aircraft in flight.
For purposes of this subsection, an aircraft is considered to be in flight
while the aircraft is:
(1) on the ground in Indiana:
(A) after the doors of the aircraft are closed for takeoff; and
(B) until the aircraft takes off;
(2) in the airspace above Indiana; or
(3) on the ground in Indiana:
(A) after the aircraft lands; and
(B) before the doors of the aircraft are opened after landing.
(g) Notwithstanding subsections (c) through (e), a person is not
justified in using force if:
(1) the person is committing or is escaping after the commission
of a crime;
(2) the person provokes unlawful action by another person with
intent to cause bodily injury to the other person; or
(3) the person has entered into combat with another person or is
the initial aggressor unless the person withdraws from the
encounter and communicates to the other person the intent to do
so and the other person nevertheless continues or threatens to
continue unlawful action.
(h) Notwithstanding subsection (f), a person is not justified in using
force if the person:
(1) is committing, or is escaping after the commission of, a crime;
(2) provokes unlawful action by another person, with intent to
cause bodily injury to the other person; or
(3) continues to combat another person after the other person
withdraws from the encounter and communicates the other
person's intent to stop hijacking, attempting to hijack, or
otherwise seizing or attempting to seize unlawful control of an
aircraft in flight.
(i) A person is justified in using reasonable force against a public
servant if the person reasonably believes the force is necessary to:
(1) protect the person or a third person from what the person
reasonably believes to be the imminent use of unlawful force;
(2) prevent or terminate the public servant's unlawful entry of or
attack on the person's dwelling, curtilage, or occupied motor
vehicle; or
(3) prevent or terminate the public servant's unlawful trespass on
or criminal interference with property lawfully in the person's
possession, lawfully in possession of a member of the person's
immediate family, or belonging to a person whose property the
person has authority to protect.
(j) Notwithstanding subsection (i), a person is not justified in using
force against a public servant if:
(1) the person is committing or is escaping after the commission
of a crime;
(2) the person provokes action by the public servant with intent to
cause bodily injury to the public servant;
(3) the person has entered into combat with the public servant or
is the initial aggressor, unless the person withdraws from the
encounter and communicates to the public servant the intent to do
so and the public servant nevertheless continues or threatens to
continue unlawful action; or
(4) the person reasonably believes the public servant is:
(A) acting lawfully; or
(B) engaged in the lawful execution of the public servant's
official duties.
(k) A person is not justified in using deadly force against a public
servant whom the person knows or reasonably should know is a public
servant unless:
(1) the person reasonably believes that the public servant is:
(A) acting unlawfully; or
(B) not engaged in the execution of the public servant's official
duties; and
(2) the force is reasonably necessary to prevent serious bodily
injury to the person or a third person.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts
1977, P.L.340, SEC.8; Acts 1979, P.L.297, SEC.1; P.L.59-2002,
SEC.1; P.L.189-2006, SEC.1; P.L.161-2012, SEC.1; P.L.13-2013,
SEC.139; P.L.107-2019, SEC.7; P.L.9-2024, SEC.536.