[1] MPC相關(guān)規(guī)定原文。

MPC3.04

(1)the use of force upon or toward another person isjustifiable when the actor believes that such force is immediatelynecessary for the purpose of protecting himself against the use ofunlawful force by such other person on the presentoccasion.

(2)(b) the use of deadly force is not justifiable unless theactor believes that such force is necessary to protect himselfagainst death, serious bodily harm, kidnapping or sexualintercourse compelled by force or threat; nor is it justifiableif

(i)he provoked, with the purpose of causing death or seriousbodily injury

(ii)he knows that he can avoid using deadly force with completesafety by retreating or by surrendering possession of a thing to aperson asserting a claim of right thereto or by complying with ademand that he abstain from any action that he has no duty to take,except that:

the actor is not obliged to retreatfrom his dwelling or place of work, unless he was the initialaggressor or is assailed in his place of work by another personwhose place of work the actor knows it to be

[1] 康涅狄格州刑法典相關(guān)原文。

Sec.53a-19.

Useof physical force in defense of person.

(a)Except as provided in subsections (b) and (c) of this section, aperson is justified in using reasonable physical force upon anotherperson to defend himself or a third person from what he reasonablybelieves to be the use or imminent use of physical force, and hemay use such degree of force which he reasonably believes to benecessary for such purpose; except that deadly physical force maynot be used unless the actor reasonably believes that such otherperson is (1) using or about to use deadly physical force, or (2)inflicting or about to inflict great bodily harm.

(b)Notwithstanding the provisions of subsection (a) of this section, aperson is not justified in using deadly physical force upon anotherperson if he or she knows that he or she can avoid the necessity ofusing such force with complete safety (1) by retreating, exceptthat the actor shall not be required to retreat if he or she is inhis or her dwelling, as defined in section 53a-100, or place ofwork and was not the initial aggressor, or if he or she is a peaceofficer, a special policeman appointed under section 29-18b, or amotor vehicle inspector designated under section 14-8 and certifiedpursuant to section 7-294d, or a private person assisting suchpeace officer, special policeman or motor vehicle inspector at hisor her direction, and acting pursuant to section 53a-22, or (2) bysurrendering possession of property to a person asserting a claimof right thereto, or (3) by complying with a demand that he or sheabstain from performing an act which he or she is not obliged toperform.

鏈接http://www.cga.ct.gov/current/pub/chap_951.htm#sec_53a-19

[1] 亞利桑那州法典相關(guān)規(guī)定原文。

13-418. Justification; use of force in defense ofresidential structure or occupied vehicles; definitions

A.Notwithstanding any other provision of this chapter, a person isjustified in threatening to use or using physical force or deadlyphysical force against another person if the person reasonablybelieves himself or another person to be in imminent peril of deathor serious physical injury and the person against whom the physicalforce or deadly physical force is threatened or used was in theprocess of unlawfully or forcefully entering, or had unlawfully orforcefully entered, a residential structure or occupied vehicle, orhad removed or was attempting to remove another person against theother person's will from the residential structure or occupiedvehicle.

鏈接可從法典官網(wǎng)頁面進入http://www.azleg.gov/ArizonaRevisedStatutes.asp然后點擊title13再點擊13-418即可找到

[1] 阿拉巴馬州法典相關(guān)規(guī)定原文。

Section 13A-3-23

Useof force in defense of a person.

(a) Aperson is justified in using physical force upon another person inorder to defend himself or herself or a third person from what heor she reasonably believes to be the use or imminent use ofunlawful physical force by that other person, and he or she may usea degree of force which he or she reasonably believes to benecessary for the purpose. A person may use deadly physical force,and is legally presumed to be justified in using deadly physicalforce in self-defense or the defense of another person pursuant tosubdivision (4), if the person reasonably believes that anotherperson is:

……

(4)In the process of unlawfully and forcefully entering, or hasunlawfully and forcefully entered, a dwelling, residence, oroccupied vehicle, or federally licensed nuclear power facility, oris in the process of sabotaging or attempting to sabotage afederally licensed nuclear power facility, or is attempting toremove, or has forcefully removed, a person against his or her willfrom any dwelling, residence, or occupied vehicle when the personhas a legal right to be there, and provided that the person usingthe deadly physical force knows or has reason to believe that anunlawful and forcible entry or unlawful and forcible act isoccurring. The legal presumption that a person using deadlyphysical force is justified to do so pursuant to this subdivisiondoes not apply if:

a.The person against whom the defensive force is used has the rightto be in or is a lawful resident of the dwelling, residence, orvehicle, such as an owner or lessee, and there is not an injunctionfor protection from domestic violence or a written pretrialsupervision order of no contact against that person;

b.The person sought to be removed is a child or grandchild, or isotherwise in the lawful custody or under the lawful guardianshipof, the person against whom the defensive force is used;

c.The person who uses defensive force is engaged in an unlawfulactivity or is using the dwelling, residence, or occupied vehicleto further an unlawful activity; or

d.The person against whom the defensive force is used is a lawenforcement officer acting in the performance of his or herofficial duties.

鏈接http://www.legislature.state.al.us/CodeofAlabama/1975/13A-3-23.htm

[1] 俄克拉荷馬州法典相關(guān)規(guī)定原文。

Title21，Section 1289.25

A.The Legislature hereby recognizes that the citizens of the State ofOklahoma have a right to expect absolute safety within their ownhomes or places of business.

B. Aperson or an owner, manager or employee of a business is presumedto have held a reasonable fear of imminent peril of death or greatbodily harm to himself or herself or another when using defensiveforce that is intended or likely to cause death or great bodilyharm to another if:

1.The person against whom the defensive force was used was in theprocess of unlawfully and forcefully entering, or had unlawfullyand forcibly entered, a dwelling, residence, occupied vehicle, or aplace of business, or if that person had removed or was attemptingto remove another against the will of that person from thedwelling, residence, occupied vehicle, or place of business;and

2.The person who uses defensive force knew or had reason to believethat an unlawful and forcible entry or unlawful and forcible actwas occurring or had occurred.

C.The presumption set forth in subsection B of this section does notapply if:

1.The person against whom the defensive force is used has the rightto be in or is a lawful resident of the dwelling, residence, orvehicle, such as an owner, lessee, or titleholder, and there is nota protective order from domestic violence in effect or a writtenpretrial supervision order of no contact against thatperson;

2.The person or persons sought to be removed are children orgrandchildren, or are otherwise in the lawful custody or under thelawful guardianship of, the person against whom the defensive forceis used; or

3.The person who uses defensive force is engaged in an unlawfulactivity or is using the dwelling, residence, occupied vehicle, orplace of business to further an unlawful activity.

鏈接http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69782

[1] 該案民事判決部分在路易斯安那州第一巡回上訴法院的案例名稱和編號為Hattori v. Peairs, 662 So.2d509(1995)。在路易斯安那州最高法院的案例名稱與編號為Hattori v. Peairs, 666 So.2d 322(1996)。最高法院的判決沒有寫理由，僅僅駁回了上訴。上訴法院的判決書全文可在此鏈接中看到：http://scholar.google.com/scholar_case?case=295642265381394386&hl=en&as_sdt=2&as_vis=1&oi=scholarr

[1] 該案在佐治亞州最高法院的案例名稱與編號為McNeil v. State, 284 Ga. 586 (2008)

[1] 佐治亞州法典相關(guān)原文。

O.C.G.A.§ 16-3-23.Use of force in defense of habitation

Aperson is justified in threatening or using force against anotherwhen and to the extent that he or she reasonably believes that suchthreat or force is necessary to prevent or terminate such other'sunlawful entry into or attack upon a habitation; however, suchperson is justified in the use of force which is intended or likelyto cause death or great bodily harm only if:

(1)The entry is made or attempted in a violent and tumultuous mannerand he or she reasonably believes that the entry is attempted ormade for the purpose of assaulting or offering personal violence toany person dwelling or being therein and that such force isnecessary to prevent the assault or offer of personalviolence;

(2)That force is used against another person who is not a member ofthe family or household and who unlawfully and forcibly enters orhas unlawfully and forcibly entered the residence and the personusing such force knew or had reason to believe that an unlawful andforcible entry occurred; or

(3)The person using such force reasonably believes that the entry ismade or attempted for the purpose of committing a felony thereinand that such force is necessary to prevent the commission of thefelony.

佐治亞州法典鏈接：http://www.lexisnexis.com/hottopics/gacode/default.asp

愛華網(wǎng)本文地址 » http://www.klfzs.com/a/25101015/282769.html