FaunaClassifieds - View Single Post - Florida's new self defense law
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Old 04-06-2005, 08:55 PM   #2
Lucille
I absolutely feel that one should not have to retreat in one's home; but I think your proposed statute does even more to give lawful defenders their rights than the Texas statutes, here is ours:

PC 9.32.

DEADLY FORCE IN DEFENSE OF PERSON.

(a) A person is justified in using deadly force against another:

(1) if he would be justified in using force against the other under Section 9.31;

(2) if a reasonable person in the actor's situation would not have retreated; and

(3) when and to the degree he reasonably believes the deadly force is immediately necessary:

(A) to protect himself against the other's use or attempted use of unlawful deadly force; or

(B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

(b) The requirement imposed by Subsection (a)(2) does not apply to an actor who uses force against a person who is at the time of the use of force committing an offense of unlawful entry in the habitation of the actor.