Force in Defense of Third Persons: Defined and Allowed

(a)Except as otherwise provided by this Section and § 7.96, the use of force upon or toward the person of another is justifiable to protect a third person when:

(1)the defendant would be justified under § 7.84 in using such force to protect himself against the injury he believes to be threatened to the person whom he seeks to protect;

(2)under the circumstances as the defendant believes them to be, the person whom he seeks to protect would be justified in using such protective force; and

(3)the defendant believes that his intervention is necessary for the protection of such other person.

(b)Notwithstanding Subsection (a):

(1)when the defendant would be obliged under Paragraph

(2)of Subsection

(b)of § 7.86 to retreat or take other action, he is not obliged to do so before using force for the protection of another person, unless he knows that he can thereby secure the complete safety of such other person;

(2)when the person whom the defendant seeks to protect would be obliged under Paragraph

(2)of Subsection

(b)of § 7.86 to retreat or take similar action if he knew that he could obtain complete safety by so doing, the defendant is obliged to try to cause him to do so before using force in his protection if the defendant knows that he can obtain complete safety in that way; and

(3)neither the defendant nor the person whom he seeks to protect is obliged to retreat when in the other’s dwelling or place of work to any greater extent than in his own.