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Ark. Code Ann. § 5-2-608

Use of physical force in defense of premises

Applied in 2 court decisions — leading case 2012 Ark. App. 261 - Sipe v. State (2012)

Most recently applied in 2012 Ark. App. 261 - Sipe v. State (April 2012)

Acts 1975, No. 280, § 508; A.S.A. 1947, § 41-508.

(1) A person in lawful possession or control of premises or a vehicle is justified in using nondeadly physical force upon another person when and to the extent that the person reasonably believes the use of nondeadly physical force is necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises or vehicle.

(2) A person may use deadly physical force under the circumstances set forth in subsection (a) of this section if: Use of deadly physical force is authorized by § 5-2-607; or

(3) The person reasonably believes the use of deadly physical force is necessary to prevent the commission of arson or burglary by a trespasser.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.