US Laws, Codes, Statutes & Cases

      1. A person in possession or control of premises or a person who is licensed or privileged to be thereon is justified in using nondeadly force upon another when and to the extent that he reasonably believes it necessary to prevent or terminate the commission of a criminal trespass by such other in or upon such premises.[1975, c. 740, § 26 (new).]
      2. A person in possession or control of premises or a person who is licensed or privileged to be thereon is justified in using deadly force upon another when and to the extent that he reasonably believes it necessary to prevent an attempt by the other to commit arson.[1975, c. 740, § 26 (new).]
      3. A person in possession or control of a dwelling place or a person who is licensed or privileged to be therein is justified in using deadly force upon another:
   
A. Under the circumstances enumerated in section 108; or [1975, c. 740, § 26 (new).]    
B. When he reasonably believes that deadly force is necessary to prevent or terminate the commission of a criminal trespass by such other person, who he reasonably believes:    
(1) Has entered or is attempting to enter the dwelling place or has surreptitiously remained within the dwelling place without a license or privilege to do so; and  
(2) Is committing or is likely to commit some other crime within the dwelling place. [1975, c. 740, § 26 (new).][1975, c. 740, § 26 (new).]
      4. A person may use deadly force under subsection 3, paragraph B, only if he first demands the person against whom such deadly force is to be used to terminate the criminal trespass and the other person fails to immediately comply with the demand, unless he reasonably believes that it would be dangerous to himself or another to make the demand.[1975, c. 740, § 26 (new).]
      5. As used in this section:
   
A. Dwelling place has the same meaning provided in section 2, subsection 10; and [1975, c. 740, § 26 (new).]    
B. Premises includes, but is not limited to, lands, private ways and any buildings or structures thereon. [1975, c. 740, § 26 (new).][1975, c. 740, § 26 (new).]

Section History:

PL 1975,  Ch. 499,   §1 (NEW).
PL 1975,  Ch. 740,   §26 (RPR).