AR – Arkansas Code Annotated
Title 5 Criminal Offenses
Subtitle 1. General Provisions
Chapter 2 Principles of Criminal Liability
Subchapter 6 — Justification
5-2-606. Use of physical force in defense of a person.
(a)
(1) A person is justified in using physical force upon another person to defend himself or herself or a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force by that other person, and the person may use a degree of physical force that he or she reasonably believes to be necessary.
(2) However, the person may not use deadly physical force except as provided in § 5-2-607.
(b) A person is not justified in using physical force upon another person if:
(1) With purpose to cause physical injury or death to the other person, the person provokes the use of unlawful physical force by the other person;
(2)
(A) The person is the initial aggressor.
(B) However, the initial aggressor’s use of physical force upon another person is justifiable if:
(i) The initial aggressor in good faith withdraws from the encounter and effectively communicates to the other person his or her purpose to withdraw from the encounter; and
(ii) The other person continues or threatens to continue the use of unlawful physical force; or
(3) The physical force involved is the product of a combat by agreement not authorized by law.
(c) A person who uses or threatens to use physical force as otherwise permitted under this subchapter does not have a duty to retreat before using or threatening to use the physical force if the person is:
(1) Lawfully present in the location;
(2) Not engaged in criminal activity that gives rise to the need to use physical force; and
(3) Not engaged in any activity in furtherance of a criminal gang, organization, or enterprise as defined under § 5-74-103.
[AFB: Paragraph (c), providing for stand-your-ground, became effective July 30, 2021.]
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