Section 22-18-4.2 – Defense of dwelling or residence–Force–Deadly force.
22-18-4.2. Defense of dwelling or residence–Force–Deadly force. A person who is in a dwelling or residence, in which the person has a right to be: (1)Has no duty to retreat; (2)Has the right to stand his or her ground; and (3)Has the right to use or threaten to use: (a)Force against another, if the person […]
Section 22-18-4.3 – Imminent death–Great bodily injury–Reasonable fear.
22-18-4.3. Imminent death–Great bodily injury–Reasonable fear. For purposes of § 22-18-4.2, a person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm, to himself, herself, or another, when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm […]
Section 22-18-4.4 – Presumption of fear–Exceptions.
22-18-4.4. Presumption of fear–Exceptions. The presumption set forth in § 22-18-4.3 does not apply if: (1)The person against whom the defensive force is used or threatened: (a)Has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, including as an owner, lessee, or titleholder; and (b)Is not the subject […]
Section 22-18-4.5 – Unlawful entry–Presumption.
22-18-4.5. Unlawful entry–Presumption. A person who unlawfully enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence. Source: SL 2021, ch 93, § 7.
Section 22-18-4.6 – Force–Defense of property other than a dwelling.
22-18-4.6. Force–Defense of property other than a dwelling. A person is justified in using or threatening to use force, other than deadly force, against another if and to the extent the person reasonably believes that using or threatening to use force is necessary to prevent or terminate another’s trespass on, or criminal interference with: (1)Real […]
Section 22-18-4.7 – Deadly force–Defense of property other than a dwelling.
22-18-4.7. Deadly force–Defense of property other than a dwelling. A person is justified in using or threatening to use deadly force only if the person reasonably believes that the use of deadly force is necessary to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in […]
Section 22-18-3 – Lawful force in arrest and delivery of felon.
22-18-3. Lawful force in arrest and delivery of felon. To use or attempt to use or offer to use force or violence upon or toward the person of another is not unlawful if necessarily committed by any person in arresting someone who has committed any felony or in delivering that person to a public officer […]
Section 22-18-3.1 – Definitions.
22-18-3.1. Definitions. Terms used in §§ 22-18-4 to 22-18-4.9, inclusive, mean: (1)”Deadly force,” force that is likely to cause death or great bodily harm; (2)”Dwelling,” a building or structure of any kind, whether temporary or permanent, that is designed to be occupied by people lodging therein at night, together with any attached garage or porch, […]
Section 22-18-4 – Force–Defense of person.
22-18-4. Force–Defense of person. A person is justified in using or threatening to use force, other than deadly force, against another if the person reasonably believes that using or threatening to use force is necessary to defend against the other’s imminent use of unlawful force. A person who uses or threatens to use force in […]
Section 22-18-4.1 – Deadly force–Defense of person.
22-18-4.1. Deadly force–Defense of person. A person is justified in using or threatening to use deadly force if the person reasonably believes that using or threatening to use deadly force is necessary to prevent imminent death or great bodily harm to himself, herself, or another, or to prevent the imminent commission of a forcible felony. […]