Section 35.20. Justification; use of physical force in defense of premises and in defense of a person in the course of burglary  


Latest version.
  • 1. Any person may use physical force upon another person  when  he  or
      she  reasonably  believes  such  to be necessary to prevent or terminate
      what he or she reasonably believes to be  the  commission  or  attempted
      commission by such other person of a crime involving damage to premises.
      Such  person  may  use  any  degree of physical force, other than deadly
      physical force, which he or she reasonably believes to be necessary  for
      such  purpose, and may use deadly physical force if he or she reasonably
      believes such to be necessary to prevent or terminate the commission  or
      attempted commission of arson.
        2.  A  person  in  possession  or control of any premises, or a person
      licensed or privileged to be thereon or therein, may use physical  force
      upon  another  person  when  he  or  she  reasonably believes such to be
      necessary to prevent or terminate what he or she reasonably believes  to
      be  the  commission  or  attempted  commission by such other person of a
      criminal trespass upon such premises. Such person may use any degree  of
      physical  force,  other  than  deadly  physical  force,  which he or she
      reasonably believes to be necessary for such purpose, and may use deadly
      physical force in order  to  prevent  or  terminate  the  commission  or
      attempted  commission  of arson, as prescribed in subdivision one, or in
      the course of  a  burglary  or  attempted  burglary,  as  prescribed  in
      subdivision three.
        3.  A person in possession or control of, or licensed or privileged to
      be in, a dwelling or an occupied building, who reasonably believes  that
      another  person is committing or attempting to commit a burglary of such
      dwelling or building, may use deadly  physical  force  upon  such  other
      person  when  he  or  she  reasonably  believes  such to be necessary to
      prevent or terminate the commission  or  attempted  commission  of  such
      burglary.
        4.  As  used  in  this section, the following terms have the following
      meanings:
        (a) The terms "premises," "building" and "dwelling" have the  meanings
      prescribed in section 140.00;
        (b)  Persons "licensed or privileged" to be in buildings or upon other
      premises include, but are not limited to:
        (i) police officers or peace officers acting  in  the  performance  of
      their duties; and
        (ii)  security  personnel  or  employees  of  nuclear powered electric
      generating facilities located within the state who are employed as  part
      of  any security plan approved by the federal operating license agencies
      acting in the performance of their duties at such generating facilities.
      For purposes of this subparagraph, the term  "nuclear  powered  electric
      generating  facility"  shall  mean a facility that generates electricity
      using nuclear power for sale, directly or  indirectly,  to  the  public,
      including the land upon which the facility is located and the safety and
      security zones as defined under federal regulations.