HB 1802

Present law provides that a person in lawful possession of real or personal property is justified in threatening or using force against another, when and to the degree it is reasonably believed the force is immediately necessary to prevent or terminate the other's trespass on the l and or unlawful interference with the property. However, unless a person is justified in using deadly force as otherwise provided by law, a person is not justified in using deadly force to prevent or terminate the other's trespass on real estate or unlawfu l interference with personal property. This bill generally authorizes a person to use deadly force for the protection of property against another in the following situations:  If a person in lawful possession of real or personal property reasonably believed the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.  If a person who has been unlawfully dispossessed of real or personal property reasonably believed the force is immediately necessary to reenter the land or recover the property, if the person threatens or uses the force immediately or in fresh pursuit after the dispossession that the other had no claim of right when the other dispossessed the person, and the other accomplished the dispossession by threatening or using force against the person.  When the person reasonably believes deadly force is immediately necessary to prevent or terminate the other's actual or attempted trespass; arson; damage to property, including damage to livestock , burglary , theft , robbery , or aggravated cruelty to animals .  When t he person reasonably believes t he property cannot be protected or the other's actions terminated by any other means , or t he use of force other than deadly force to protect or terminate the other's actions would expose the person or a third person to a risk of death or serious bodily injury. However, this bill does not justify a person in using deadly force against another individual under this bill if the individual is facing away from the person.