MA Ch. 278 §8A. Killing or injuring a person unlawfully in a dwelling; defense

State: Massachusetts

Massachusetts General Laws (MGL)

Part IV. Crimes, Punishments, and Proceedings in Criminal Cases

Title II. Proceedings in Criminal Cases

Chapter 278. Trials and Proceedings Before Judgment

Section 8A. Killing or injuring a person unlawfully in a dwelling; defense

In the prosecution of a person who is an occupant of a dwelling charged with killing or injuring one who was unlawfully in said dwelling, it shall be a defense that the occupant was in his dwelling at the time of the offense and that he acted in the reasonable belief that the person unlawfully in said dwelling was about to inflict great bodily injury or death upon said occupant or upon another person lawfully in said dwelling, and that said occupant used reasonable means to defend himself or such other person lawfully in said dwelling. There shall be no duty on said occupant to retreat from such person unlawfully in said dwelling.