Citations Affected: IC 35-41.
Synopsis: Use of force to protect person. Specifies that a person may
not be placed in legal jeopardy for using reasonable force to protect the
person or a third person.
Effective: July 1, 2002.
November 20, 2001, read first time and referred to Committee on Corrections, Criminal
and Civil Procedures.
January 24, 2002, reported favorably _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
SECTION 1. IC 35-41-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2. (a) A person is
justified in using reasonable force against another person to protect
himself the person or a third person from what he the person
reasonably believes to be the imminent use of unlawful force.
However, a person is justified in using deadly force only if he the
person reasonably believes that that force is necessary to prevent
serious bodily injury to himself the person or a third person or the
commission of a forcible felony. No person in this state shall be placed
in legal jeopardy of any kind whatsoever for protecting himself the
person or his family a third person by reasonable means necessary.
(b) A person is justified in using reasonable force, including deadly force, against another person if
he the person reasonably believes that
the force is necessary to prevent or terminate the other person's
unlawful entry of or attack on his the person's dwelling or curtilage.
(c) With respect to property other than a dwelling or curtilage, a
person is justified in using reasonable force against another person if
he 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 his the person's
possession, lawfully in possession of a member of his the person's
immediate family, or belonging to a person whose property he the
person has authority to protect. However, a person is not justified in
using deadly force unless that force is justified under subsection (a). of
(d) Notwithstanding subsections (a), (b), and (c),
of this section, a
person is not justified in using force if:
he the person is committing or is escaping after the
commission of a crime;
he the person provokes unlawful action by another person
with intent to cause bodily injury to the other person; or
he the person has entered into combat with another person or
is the initial aggressor unless he the person withdraws from the
encounter and communicates to the other person his the intent to
do so and the other person nevertheless continues or threatens to
continue unlawful action.