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Questions and Answers
In what situation is a person justified in using or threatening to use force against another?
In what situation is a person justified in using or threatening to use force against another?
What is the requirement for using or threatening to use deadly force?
What is the requirement for using or threatening to use deadly force?
Does a person have a duty to retreat before using or threatening to use force in self-defense?
Does a person have a duty to retreat before using or threatening to use force in self-defense?
What is the difference between using or threatening to use force and using or threatening to use deadly force?
What is the difference between using or threatening to use force and using or threatening to use deadly force?
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Where does a person have the right to stand their ground and use or threaten to use force?
Where does a person have the right to stand their ground and use or threaten to use force?
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What is a forcible felony?
What is a forcible felony?
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Does the statute apply to a person who is engaged in a criminal activity?
Does the statute apply to a person who is engaged in a criminal activity?
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What is the purpose of the self-defense statute?
What is the purpose of the self-defense statute?
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What is the condition for a person to be justified in using or threatening to use deadly force?
What is the condition for a person to be justified in using or threatening to use deadly force?
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Who is exempt from being immune from criminal prosecution and civil action for justifiable use or threatened use of force?
Who is exempt from being immune from criminal prosecution and civil action for justifiable use or threatened use of force?
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What is the burden of proof in a criminal prosecution after a prima facie claim of self-defense immunity has been raised?
What is the burden of proof in a criminal prosecution after a prima facie claim of self-defense immunity has been raised?
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Under what circumstances is the justification of self-defense not available to a person?
Under what circumstances is the justification of self-defense not available to a person?
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What is the requirement for a person to regain the justification of self-defense after initially provoking the use or threatened use of force?
What is the requirement for a person to regain the justification of self-defense after initially provoking the use or threatened use of force?
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What is the requirement for a law enforcement officer to make a lawful arrest?
What is the requirement for a law enforcement officer to make a lawful arrest?
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What is the award that the court shall give to the defendant if the court finds that the defendant is immune from prosecution?
What is the award that the court shall give to the defendant if the court finds that the defendant is immune from prosecution?
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What is the definition of a law enforcement officer under s. 943.10(14)?
What is the definition of a law enforcement officer under s. 943.10(14)?
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What is the procedure that a law enforcement agency may use for investigating the use or threatened use of force?
What is the procedure that a law enforcement agency may use for investigating the use or threatened use of force?
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Under what circumstances may a law enforcement agency arrest a person for using or threatening to use force?
Under what circumstances may a law enforcement agency arrest a person for using or threatening to use force?
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Under what circumstances is an officer justified in using any force?
Under what circumstances is an officer justified in using any force?
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When is an officer not justified in using force?
When is an officer not justified in using force?
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What is included in the definition of deadly force?
What is included in the definition of deadly force?
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When is a correctional officer not liable in a civil or criminal action?
When is a correctional officer not liable in a civil or criminal action?
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When is an officer justified in using any force to prevent escape?
When is an officer justified in using any force to prevent escape?
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What type of projectile is designed to stun, temporarily incapacitate, or cause temporary discomfort to a person?
What type of projectile is designed to stun, temporarily incapacitate, or cause temporary discomfort to a person?
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Under what circumstances can a correctional officer use deadly force?
Under what circumstances can a correctional officer use deadly force?
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What is the purpose of the statute regarding the use of force by law enforcement officers?
What is the purpose of the statute regarding the use of force by law enforcement officers?
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What type of force can a law enforcement officer use to prevent an escape?
What type of force can a law enforcement officer use to prevent an escape?
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When can an officer use force to resist an arrest?
When can an officer use force to resist an arrest?
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What is the definition of 'forcible felony' in Florida state law?
What is the definition of 'forcible felony' in Florida state law?
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What is the purpose of section 776.085 of the Florida Statutes?
What is the purpose of section 776.085 of the Florida Statutes?
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What happens to a party who loses a civil action under section 776.085?
What happens to a party who loses a civil action under section 776.085?
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Why would a court stay a civil action under section 776.085?
Why would a court stay a civil action under section 776.085?
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Under which circumstances is a person presumed to have held a reasonable fear of imminent peril?
Under which circumstances is a person presumed to have held a reasonable fear of imminent peril?
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What does the term 'dwelling' mean in the context of this statute?
What does the term 'dwelling' mean in the context of this statute?
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What is the purpose of section 776.09 of the Florida Statutes?
What is the purpose of section 776.09 of the Florida Statutes?
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What happens to records related to persons found to be acting in lawful self-defense?
What happens to records related to persons found to be acting in lawful self-defense?
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Under what circumstances does the presumption set forth in subsection (2) not apply?
Under what circumstances does the presumption set forth in subsection (2) not apply?
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What is a requirement for the defense authorized by section 776.085 to be established?
What is a requirement for the defense authorized by section 776.085 to be established?
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What is the term for a dwelling in which a person resides either temporarily or permanently?
What is the term for a dwelling in which a person resides either temporarily or permanently?
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When is a person justified in using or threatening to use force against another?
When is a person justified in using or threatening to use force against another?
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What is a consequence for the loser of a civil action under section 776.085?
What is a consequence for the loser of a civil action under section 776.085?
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What is the term for a conveyance of any kind that is designed to transport people or property?
What is the term for a conveyance of any kind that is designed to transport people or property?
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What is the relationship between section 776.08 and section 776.085?
What is the relationship between section 776.08 and section 776.085?
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Under what circumstances does a person have a duty to retreat before using or threatening to use force?
Under what circumstances does a person have a duty to retreat before using or threatening to use force?
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What is the significance of a finding of lawful self-defense under section 776.09?
What is the significance of a finding of lawful self-defense under section 776.09?
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What is the presumption when a person unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle?
What is the presumption when a person unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle?
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What is the exception to the presumption set forth in subsection (2) when the person against whom defensive force is used or threatened has a right to be in the dwelling, residence, or vehicle?
What is the exception to the presumption set forth in subsection (2) when the person against whom defensive force is used or threatened has a right to be in the dwelling, residence, or vehicle?
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Under what circumstances does the person who uses or threatens to use defensive force have a duty to retreat?
Under what circumstances does the person who uses or threatens to use defensive force have a duty to retreat?
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What is the primary condition for a person to be justified in using or threatening to use force against another?
What is the primary condition for a person to be justified in using or threatening to use force against another?
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Under what circumstances can a person use or threaten to use deadly force?
Under what circumstances can a person use or threaten to use deadly force?
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What is the significance of the 'right to be' in a dwelling or residence?
What is the significance of the 'right to be' in a dwelling or residence?
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What is the difference between using or threatening to use nondeadly force and using or threatening to use deadly force?
What is the difference between using or threatening to use nondeadly force and using or threatening to use deadly force?
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What is the significance of the 'imminent' requirement in the statute?
What is the significance of the 'imminent' requirement in the statute?
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What is the relationship between the right to stand one's ground and the duty to retreat?
What is the relationship between the right to stand one's ground and the duty to retreat?
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What is the consequence of using or threatening to use force in accordance with the statute?
What is the consequence of using or threatening to use force in accordance with the statute?
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What is the significance of the 'forcible felony' requirement in the statute?
What is the significance of the 'forcible felony' requirement in the statute?
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What is presumed when a person unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle?
What is presumed when a person unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle?
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What is the term for a dwelling in which a person resides either temporarily or permanently?
What is the term for a dwelling in which a person resides either temporarily or permanently?
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Under what circumstances does the presumption set forth in subsection (2) not apply?
Under what circumstances does the presumption set forth in subsection (2) not apply?
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What is the definition of a 'dwelling' in the context of this statute?
What is the definition of a 'dwelling' in the context of this statute?
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What is the term for a conveyance of any kind that is designed to transport people or property?
What is the term for a conveyance of any kind that is designed to transport people or property?
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When is a person justified in using or threatening to use force against another?
When is a person justified in using or threatening to use force against another?
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Under what circumstances does a person have a duty to retreat before using or threatening to use force?
Under what circumstances does a person have a duty to retreat before using or threatening to use force?
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What is the requirement for the person who uses or threatens to use defensive force to know or have reason to believe?
What is the requirement for the person who uses or threatens to use defensive force to know or have reason to believe?
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When is a person justified in using or threatening to use force, except deadly force?
When is a person justified in using or threatening to use force, except deadly force?
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What is the exception to the presumption set forth in subsection (2) when the person against whom defensive force is used or threatened has a right to be in the dwelling, residence, or vehicle?
What is the exception to the presumption set forth in subsection (2) when the person against whom defensive force is used or threatened has a right to be in the dwelling, residence, or vehicle?
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What is the definition of 'forcible felony' in Florida state law?
What is the definition of 'forcible felony' in Florida state law?
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What happens to a party who loses a civil action under section 776.085?
What happens to a party who loses a civil action under section 776.085?
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What is the purpose of section 776.09 of the Florida Statutes?
What is the purpose of section 776.09 of the Florida Statutes?
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What is the requirement for the defense authorized by section 776.085 to be established?
What is the requirement for the defense authorized by section 776.085 to be established?
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Why would a court stay a civil action under section 776.085?
Why would a court stay a civil action under section 776.085?
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What happens to records related to persons found to be acting in lawful self-defense?
What happens to records related to persons found to be acting in lawful self-defense?
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What is the significance of a finding of lawful self-defense under section 776.09?
What is the significance of a finding of lawful self-defense under section 776.09?
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What is the relationship between section 776.08 and section 776.085?
What is the relationship between section 776.08 and section 776.085?
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What happens when a party prevails based on the defense created by section 776.085?
What happens when a party prevails based on the defense created by section 776.085?
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What is the purpose of section 776.085 of the Florida Statutes?
What is the purpose of section 776.085 of the Florida Statutes?
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When is a law enforcement officer justified in using deadly force?
When is a law enforcement officer justified in using deadly force?
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What is the term for force that is likely to cause death or great bodily harm?
What is the term for force that is likely to cause death or great bodily harm?
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Under what circumstances can a correctional officer use deadly force?
Under what circumstances can a correctional officer use deadly force?
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What is the purpose of the statute regarding the use of force by law enforcement officers?
What is the purpose of the statute regarding the use of force by law enforcement officers?
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What type of projectile is designed to stun, temporarily incapacitate, or cause temporary discomfort to a person?
What type of projectile is designed to stun, temporarily incapacitate, or cause temporary discomfort to a person?
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When is an officer not justified in using force?
When is an officer not justified in using force?
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Under what circumstance is a person justified in using or threatening to use deadly force?
Under what circumstance is a person justified in using or threatening to use deadly force?
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What is the requirement for a law enforcement officer to make a lawful arrest?
What is the requirement for a law enforcement officer to make a lawful arrest?
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What is the condition for a person to regain the justification of self-defense after initially provoking the use or threatened use of force?
What is the condition for a person to regain the justification of self-defense after initially provoking the use or threatened use of force?
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When can a law enforcement officer use force to prevent an escape?
When can a law enforcement officer use force to prevent an escape?
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What is the term for a person who has been arrested and is in custody?
What is the term for a person who has been arrested and is in custody?
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What is the award that the court shall give to the defendant if the court finds that the defendant is immune from prosecution?
What is the award that the court shall give to the defendant if the court finds that the defendant is immune from prosecution?
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Under what circumstances may a law enforcement agency arrest a person for using or threatening to use force?
Under what circumstances may a law enforcement agency arrest a person for using or threatening to use force?
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What is the purpose of the statute regarding the use of force to prevent escape?
What is the purpose of the statute regarding the use of force to prevent escape?
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What is the burden of proof in a criminal prosecution after a prima facie claim of self-defense immunity has been raised?
What is the burden of proof in a criminal prosecution after a prima facie claim of self-defense immunity has been raised?
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What is the purpose of the self-defense statute?
What is the purpose of the self-defense statute?
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Under what circumstances is the justification of self-defense not available to a person?
Under what circumstances is the justification of self-defense not available to a person?
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What is the requirement for a person to use or threaten to use force in self-defense?
What is the requirement for a person to use or threaten to use force in self-defense?
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What is the definition of a law enforcement officer under s. 943.10(14)?
What is the definition of a law enforcement officer under s. 943.10(14)?
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Study Notes
Justifiable Use of Force
Use of Force in Defense of Person
- A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend themselves or another against the other's imminent use of unlawful force.
- A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.
Use of Deadly Force
- A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to themselves or another.
- A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.
Home Protection
- A person who is in a dwelling or residence in which the person has a right to be has no duty to retreat and has the right to stand his or her ground and use or threaten to use:
- Nondeadly force against another when and to the extent that the person reasonably believes that such conduct is necessary to defend themselves or another against the other's imminent use of unlawful force.
- Deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to themselves or another.
- A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to themselves or another when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm to another.
Use of Force in Defense of Property
- A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other's trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property.
- A person is justified in using or threatening to use deadly force only if he or she reasonably believes that such conduct is necessary to prevent the imminent commission of a forcible felony.
Immunity from Criminal Prosecution and Civil Action
- A person who uses or threatens to use force as permitted in the preceding sections of this chapter is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force.
- The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution.
Law Enforcement Officers
- A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest.
- The officer is justified in the use of any force which he or she reasonably believes to be necessary to defend himself or herself or another from bodily harm while making the arrest.
Definitions
- "Deadly force" means force that is likely to cause death or great bodily harm.
- "Forcible felony" means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.
Justifiable Use of Force
Use of Force in Defense of Person
- A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend themselves or another against the other's imminent use of unlawful force.
- A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.
Use of Deadly Force
- A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to themselves or another.
- A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.
Home Protection
- A person who is in a dwelling or residence in which the person has a right to be has no duty to retreat and has the right to stand his or her ground and use or threaten to use:
- Nondeadly force against another when and to the extent that the person reasonably believes that such conduct is necessary to defend themselves or another against the other's imminent use of unlawful force.
- Deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to themselves or another.
- A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to themselves or another when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm to another.
Use of Force in Defense of Property
- A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other's trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property.
- A person is justified in using or threatening to use deadly force only if he or she reasonably believes that such conduct is necessary to prevent the imminent commission of a forcible felony.
Immunity from Criminal Prosecution and Civil Action
- A person who uses or threatens to use force as permitted in the preceding sections of this chapter is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force.
- The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution.
Law Enforcement Officers
- A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest.
- The officer is justified in the use of any force which he or she reasonably believes to be necessary to defend himself or herself or another from bodily harm while making the arrest.
Definitions
- "Deadly force" means force that is likely to cause death or great bodily harm.
- "Forcible felony" means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.
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Description
This quiz covers the laws and regulations surrounding self-defense, including the use of force to defend oneself or others.