Title 16, Chapter 3, Section 23
( 16-3-23)
A person is justified in threatening or using force against another
when and to the extent that he or she reasonably believes that such
threat or force is necessary to prevent or terminate such other's
unlawful entry into or attack upon a habitation; however, such
person is justified in the use of force which is intended or likely
to cause death or great bodily harm only if: (1) The entry is made or attempted in a violent and tumultuous
manner and he or she reasonably believes that the entry is
attempted or made for the purpose of assaulting or offering
personal violence to any person dwelling or being therein and that
such force is necessary to prevent the assault or offer of
personal violence; (2) That force is used against another person who is not a member
of the family or household and who unlawfully and forcibly enters
or has unlawfully and forcibly entered the residence and the
person using such force knew or had reason to believe that an
unlawful and forcible entry occurred; or (3) The person using such force reasonably believes that the entry
is made or attempted for the purpose of committing a felony
therein and that such force is necessary to prevent the commission
of the felony. |