AR – Arkansas Code Annotated (2023)
Title 5 Criminal Offenses
Subtitle 1. General Provisions
Chapter 2 Principles of Criminal Liability
Subchapter 6 — Justification
5-2-607. Use of deadly physical force in defense of a person.
(a) A person is justified in using deadly physical force upon another person if the person reasonably believes that the other person is:
(1) Committing or about to commit a felony involving physical force or violence;
(2) Using or about to use unlawful deadly physical force; or
(3) Imminently endangering the person’s life or imminently about to victimize the person from the continuation of a pattern of domestic abuse.
(b) A person is not required to retreat before using deadly physical force if the person:
(1) Is lawfully present at the location where deadly physical force is used;
(2) Has a reasonable belief that the person against whom the deadly physical force is used is imminently threatening to cause death or serious physical injury to the person or another person;
(3) Except as provided under § 5-2-606(b)(2)(B), is not the initial aggressor and has not provoked the person against whom the deadly physical force is used;
(4) Is not committing a felony offense of possession of a firearm by certain persons, § 5-73-103, with the firearm used to employ the deadly physical force, unless the person is in or at the person’s dwelling or in the curtilage surrounding the person’s dwelling;
(5) Is not engaged in criminal activity that gives rise to the need for the use of deadly physical force at the time the deadly physical force is used; and
(6) Is not engaged in any activity in furtherance of a criminal gang, organization, or enterprise as defined in § 5-74-103.
(c) As used in this section:
(1) “Curtilage” means the land adjoining a dwelling that is convenient for residential purposes and habitually used for residential purposes, but not necessarily enclosed, and includes an outbuilding that is directly and intimately connected with the dwelling and in close proximity to the dwelling; and
(2) “Domestic abuse” means:
(A) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or
(B) Any sexual conduct between family or household members, whether minors or adults, that constitutes a crime under the laws of this state.
2021 Arkansas Code
Title 5 – Criminal Offenses
Subtitle 1 – General Provisions
Chapter 2 – Principles of Criminal Liability
Subchapter 6 – Justification
5-2-607. Use of deadly physical force in defense of a person.
(a) A person is justified in using deadly physical force upon another person if the person reasonably believes that the other person is:
(1) Committing or about to commit a felony involving physical force or violence;
(2) Using or about to use unlawful deadly physical force; or
(3) Imminently endangering the person’s life or imminently about to victimize the person from the continuation of a pattern of domestic abuse.
(b) A person is not required to retreat before using deadly physical force if the person:
(1) Is lawfully present at the location where deadly physical force is used;
(2) Has a reasonable belief that the person against whom the deadly physical force is used is imminently threatening to cause death or serious physical injury to the person or another person;
(3) Except as provided under § 5-2-606(b)(2)(B), is not the initial aggressor and has not provoked the person against whom the deadly physical force is used;
(4) Is not committing a felony offense of possession of a firearm by certain persons, § 5-73-103, with the firearm used to employ the deadly physical force, unless the person is in or at the person’s dwelling or in the curtilage surrounding the person’s dwelling;
(5) Is not engaged in criminal activity that gives rise to the need for the use of deadly physical force at the time the deadly physical force is used; and
(6) Is not engaged in any activity in furtherance of a criminal gang, organization, or enterprise as defined in § 5-74-103.
(c) As used in this section:
(1) “Curtilage” means the land adjoining a dwelling that is convenient for residential purposes and habitually used for residential purposes, but not necessarily enclosed, and includes an outbuilding that is directly and intimately connected with the dwelling and in close proximity to the dwelling; and
(2) “Domestic abuse” means:
(A) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or
(B) Any sexual conduct between family or household members, whether minors or adults, that constitutes a crime under the laws of this state.
Version in effect prior to adoption of stand-your-ground, effective about June 1, 2021:
5-2-607. Use of deadly physical force in defense of a person.
(a) A person is justified in using deadly physical force upon another person if the person reasonably believes that the other person is:
(1) Committing or about to commit a felony involving force or violence;
(2) Using or about to use unlawful deadly physical force; or
(3) Imminently endangering the person’s life or imminently about to victimize the person as described in 9-15-103 from the continuation of a pattern of domestic abuse.
(b) A person may not use deadly physical force in self-defense if the person knows that he or she can avoid the necessity of using deadly physical force with complete safety:
(1)
(A) By retreating.
(B) However, a person is not required to retreat if the person is:
(i) In the person’s dwelling or on the curtilage surrounding the person’s dwelling and was not the original aggressor; or
(ii) A law enforcement officer or a person assisting at the direction of a law enforcement officer; or
(2) By surrendering possession of property to a person claiming a lawful right to possession of the property.
(c) As used in this section:
(1) “Curtilage” means the land adjoining a dwelling that is convenient for residential purposes and habitually used for residential purposes, but not necessarily enclosed, and includes an outbuilding that is directly and intimately connected with the dwelling and in close proximity to the dwelling; and
(2) “Domestic abuse” means:
(A) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or
(B) Any sexual conduct between family or household members, whether minors or adults, that constitutes a crime under the laws of this state.
[230619]