MD § 5-808 – Civil immunity for defense of dwelling or place of business.

State: Maryland

2014 Maryland Code
COURTS AND JUDICIAL PROCEEDINGS
TITLE 5 – LIMITATIONS, PROHIBITED ACTIONS, AND IMMUNITIES
Subtitle 8 – Immunities and Prohibited Actions – Miscellaneous

§ 5-808 – Civil immunity for defense of dwelling or place of business.

(a) Person. — In this section, “person” does not include a governmental entity.

(b) Civil immunity. — A person is not liable for damages for a personal injury or death of an individual who enters the person’s dwelling or place of business if:

(1) The person reasonably believes that force or deadly force is necessary to repel an attack by the individual; and

(2) The amount and nature of the force used by the person is reasonable under the circumstances.

(c) Exception. — Subsection (b) of this section does not apply to a person who is convicted of a crime of violence under § 14-101 of the Criminal Law Article, assault in the second degree, or reckless endangerment arising out of the circumstances described in subsection (b) of this section.

(d) Costs and attorney’s fees. — The court may award costs and reasonable attorney’s fees to a defendant who prevails in a defense under this section.

(e) Other provisions not limited or abrogated. — This section does not limit or abrogate any immunity from civil liability or defense available to a person under any other provision of the Code or at common law.