Second Regular Session 117th General Assembly (2012)
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SENATE ENROLLED ACT No. 1
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, AS AMENDED BY P.L.189-2006,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (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.
(b) As used in this section, "public servant" means a person
described in IC 35-41-1-17, IC 35-31.5-2-129, or IC 35-31.5-2-185.
(c) A person is justified in using reasonable force against
another
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 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.
(b) (d) A person:
(1) is justified in using reasonable force, including deadly force,
against another 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.
(c) (e) With respect to property other than a dwelling, curtilage, or
an occupied motor vehicle, a person is justified in using reasonable
force against another 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 (a). (c).
(d) (f) A person is justified in using reasonable force, including
deadly force, against another 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.
(e) (g) Notwithstanding subsections (a), (b) and (c), (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.
(f) (h) Notwithstanding subsection
(d), (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.
SECTION 2. An emergency is declared for this act.
SEA 1
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