January 25, 2002



SENATE BILL No. 10

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DIGEST OF SB 10 (Updated January 23, 2002 7:17 PM - DI 106)



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.



Meeks C


    November 20, 2001, read first time and referred to Committee on Corrections, Criminal and Civil Procedures.
    January 24, 2002, reported favorably _ Do Pass.



January 25, 2002

Second Regular Session 112th General Assembly (2002)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2001 General Assembly.

SENATE BILL No. 10


    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

    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 this section.
    (d) Notwithstanding subsections (a), (b), and (c), of this section, a person is not justified in using force if:
        (1) he the person is committing or is escaping after the commission of a crime;
        (2) he the person provokes unlawful action by another person with intent to cause bodily injury to the other person; or
        (3) 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.