Home Protection, Use of Deadly Force, Presumption of Fear of Death or Harm

(a)A person is presumed to have held a reasonable fear of imminent peril of death or serious bodily injury to himself or herself or another when using defensive force that is intended or likely to cause death or serious bodily injury to another if:

(1)the person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully or forcefully entered, a business, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the business, residence, or occupied vehicle; and

(2)the person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

(3)Provided that the property is enclosed or reasonable notice is placed upon the boundaries of the curtilage, that the property or residence is a no trespassing zone.

(b)The presumption set forth in Subsection

(a)does not apply if:

(1)the person against whom the defensive force is used has the right to be in or is a lawful resident of the business, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or

(2)the person who uses defensive force is engaged in a criminal activity or is using the business, residence, or occupied vehicle to further a criminal activity; or

(3)the person against whom defensive force is used is a uniformed law enforcement officer who enters or attempts to enter a habitable property, residence, or vehicle in the performance of his or her CH. 7 EXEMPTIONS AND DEFENSES official duties, and the officer identified himself or herself in accordance with applicable law, or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.

(c)A person who unlawfully and by force enters or attempts to enter a person’s business, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

(d)As used in this Section, the term:

(1)“Habitable Property” has the meaning provided by § 34.10. Habitable property are limited to business buildings for which the victim has beneficial control and use; and residences, vehicles and house boats for which the victim has a legal right to occupy. Except when used in reference to a residence, habitable property does not include yards or surrounding outdoor spaces. Nothing herein is construed to limit the right of a victim to use defensive force in a manner consistent with Chapter 7 of Title 9, GCA in areas outside of his/her home, business, car or house boat;

(2)“Business” means habitable property that is lawfully used to conduct commercial activity by duly licensed corporations, LLCs, partnerships or sole proprietorships;

(3)“Residence” means a habitable property, to include the curtilage of the residence, in which a person resides, either temporarily or permanently, or is visiting as an invited guest, or any building or other appurtenance within the curtilage of the residence such as an outdoor kitchen or bathroom;

(4)“Vehicle” is defined in § 1102 and § 5101 of Title 16, GCA;

(5)“Curtilage” means the area immediately surrounding a residence that is necessary, convenient and habitually used for family purposes and for those activities associated with the sanctity of a person’s home;

(6)“Defensive Force” has the same meaning as self-defense as used in Chapter 7 of Title 9, GCA, except that a lawful occupant of habitable property has no duty or obligation to retreat.