Florida Statutes
Title XLVI. Crimes. (Chs. 775 — 896)
Chapter 776. Justifiable Use of Force. (§§ 776.012 — 776.09)
§ 776.012. Use or threatened use of force in defense of person.
(1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.
(2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.
PREVIOUS VERSION
Florida Statutes (Fla. Stat.)
Title XLVI. Crimes.
Chapter 776: JUSTIFIABLE USE OF FORCE
§ 776.012. Use or threatened use of force in defense of person. [Version effective June 20, 2014; detailed changes in 2014 by 2014 Fla. HB 89]
(1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.
(2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.
History
S. 13, ch. 74-383; s. 1188, ch. 97-102; s. 2, ch. 2005-27; s. 3, ch. 2014-195, eff. June 20, 2014.
NOTE: The “not engaged in a criminal activity” condition placed on Stand-Your-Ground in (2) was added effective June 20, 2014.
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NOTE: Following is the 2005 version of § 776.012, in effect on date Curtis Reeves shot Chad Oulson on January 13, 2014.
§ 776.012 Use of force in defense of person.— [Effective April 26, 2005, until June 20, 2014; detailed changes in 2014 by 2014 Fla. HB 89]
A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:
(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or
(2) Under those circumstances permitted pursuant to s. 776.013.
History.—s. 13, ch. 74-383; s. 1188, ch. 97-102; s. 2, ch. 2005-27.
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