2018 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 1 - General Provisions
Chapter 2 - Principles of Criminal Liability
Subchapter 6 - Justification
§ 5-2-615. Use of physical force by a pregnant woman in defense of her unborn child

Universal Citation: AR Code § 5-2-615 (2018)
  • (a) As used in this section:

    • (1) "Pregnant" means the female reproductive condition of having an unborn child in the female's body; and

    • (2) "Unborn child" means the offspring of human beings from conception until birth.

  • (b) A pregnant woman is justified in using physical force or deadly physical force against another person to protect her unborn child if, under the circumstances as the pregnant woman reasonably believes them to be, she would be justified under § 5-2-606 or § 5-2-607 in using physical force or deadly physical force to protect herself against the unlawful physical force or unlawful deadly physical force she reasonably believes to be threatening her unborn child.

  • (c) The justification for using physical force or deadly physical force against another person to protect a pregnant woman's unborn child is not available if:

    • (1) The use of the physical force or deadly physical force for protection was used by a person other than the pregnant woman; or

    • (2)

      • (A) The use of the deadly physical force for protection would not be allowed under § 5-2-607(b).

      • (B) However, the pregnant woman is not obligated to retreat or surrender possession of property as described in § 5-2-607(b) unless the pregnant woman knows she can avoid the necessity of using deadly physical force and simultaneously ensure the complete safety of her unborn child.

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