Self-Defense Limited

(a)The use of force is not justifiable under § 7.84;

(1)To resist an arrest which the defendant knows is being made by a peace officer in the performance of his duties, although the arrest is unlawful; or

(2)to resist force used by the occupier or possessor of property or by another person on his behalf, where the defendant knows that the person using the force is doing so under a claim of right to protect the property, except that this limitation shall not apply if;

(A)the defendant is a public officer acting in the performance of his duties or a person lawfully assisting him therein or a person making or assisting in a lawful arrest;

(B)the defendant has been unlawfully dispossessed of the property and is making a re-entry or recaption justified by § 7.90, or

(C)the defendant believes that such force is necessary to protect himself against death or serious bodily harm.

(b)The use of deadly force is not justifiable under § 7.84 unless the defendant believes that such force is necessary to protect himself against death, serious bodily harm, kidnapping or rape or sodomy compelled by force or threat; nor is it justifiable if;

(1)the defendant, with the purpose of causing death or serious bodily harm, provoked the use of force against himself in the same encounter; or

(2)the defendant knows that he can avoid the necessity of using such force with complete safety by retreating or by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that he abstains from any action which he has no duty to take, except that:

(A)the defendant is not obliged to retreat from his dwelling, place of work or vehicle, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the defendant knows it to be; and

(B)a public officer justified in using force in the performance of his duties or a person justified in using force in his assistance or a person justified in using force in making an arrest or preventing an escape is not obliged to desist from efforts to perform such duty, effect such arrest or prevent such escape because of resistance or threatened resistance by or on behalf of the person against whom such action is directed.

(c)Except as otherwise required by Subsections

(a)and (b), a person employing protective force may estimate the necessity thereof under the circumstances as he believes them to be when the force is used, without retreating, surrendering possession, doing any other act which he has no legal duty to do or abstaining from any lawful action.