Arkansas Code of 1987 (2024)
Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101)
Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501)
Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622)
Subchapter 6 - JUSTIFICATION (§§ 5-2-601 — 5-2-622)
Section 5-2-606 - Use of physical force in defense of a person

• (a)
  • (1) A person is justified in using physical force upon another person to defend himself or herself or a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force by that other person, and the person may use a degree of physical force that he or she reasonably believes to be necessary.
  • (2) However, the person may not use deadly physical force except as provided in § 5-2-607.

• (b) A person is not justified in using physical force upon another person if:
  • (1) With purpose to cause physical injury or death to the other person, the person provokes the use of unlawful physical force by the other person;
  • (2)
    • (A) The person is the initial aggressor.
    • (B) However, the initial aggressor's use of physical force upon another person is justifiable if:
      • (i) The initial aggressor in good faith withdraws from the encounter and effectively communicates to the other person his or her purpose to withdraw from the encounter; and
      • (ii) The other person continues or threatens to continue the use of unlawful physical force; or
  • (3) The physical force involved is the product of a combat by agreement not authorized by law.

• (c) A person who uses or threatens to use physical force as otherwise permitted under this subchapter does not have a duty to retreat before using or threatening to use the physical force if the person is:
  • (1) Lawfully present in the location;
  • (2) Not engaged in criminal activity that gives rise to the need to use physical force; and
  • (3) Not engaged in any activity in furtherance of a criminal gang, organization, or enterprise as defined under § 5-74-103.

Amended by Act 2021, No. 250,§ 1, eff. 7/28/2021.

Acts 1975, No. 280, § 506; A.S.A. 1947, § 41-506; Acts 2007, No. 827, § 13.