US Laws, Codes, Statutes & Cases

      21-3214.   Use of force by an aggressor. The justification described in sections 21-3211, 21-3212, and 21-3213, is not available to a person who:

      (1)   Is attempting to commit, committing, or escaping from the commission of a forcible felony; or

      (2)   Initially provokes the use of force against himself or another, with intent to use such force as an excuse to inflict bodily harm upon the assailant; or

      (3)   Otherwise initially provokes the use of force against himself or another, unless:

      (a)   He has reasonable ground to believe that he is in imminent danger of death or great bodily harm, and he has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or

      (b)   In good faith, he withdraws from physical contact with the assailant and indicates clearly to the assailant that he desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.

      History:   L. 1969, ch. 180, § 21-3214; July 1, 1970.