46.3306 Use of physical force in defense of premises.

Cite as [A.S.C.A. § 46.3306]

(a) A person in possession or control of premises or a person who is licensed or privileged to be there, may, subject to subsection (b), use physical force upon another person when and to the extent that he reasonably believes it necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission of the crime of trespass by the other person.

(b) A person may use deadly force under circumstances described in subsection (a) only:

(1) when the use of deadly force is authorized under other sections of this chapter; or

(2) when he reasonably believes it necessary to prevent what he reasonably believes to be an attempt by the trespasser to commit arson or burglary upon his dwelling.

(c) The defendant has the burden of injecting the issue of justification under this section.

History: 1979, PL 16-43 § 2.

Research Guide: MCC 563.036.