16-120-302. Use of deadly physical force.

Arkansas Code — all titles (historical 2020) · legal_authorities

16-120-302. Use of deadly physical force. (a) A person is immune from civil action for the use of deadly physical force against another person who is an initial aggressor if the use of the deadly physical force was in accordance with § 5-2-607. (b) A court shall award reasonable attorney's fees, costs, and trial-related expenses to a person in defense of a civil action brought by another person if the court finds that the person is immune from civil action as provided in this section.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-120-302

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Arkansas Code — all titles (historical 2020) · legal_authorities

5-2-607. Use of deadly physical force in defense of a person.

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: (1)(A) By retreating. (B) However, a person is not required to retreat if the person is: (i) Unable to retreat with complete safety; (ii) In the person's dwelling or on the curtilage surrounding the person's dwelling and was not the original aggressor; or (iii) A law enforcement officer or a person assisting at the direction of a law enforcement officer; or (2) With complete safety 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 constit

Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-2-607

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-2-607. This identifies an authority to review, not proof of applicability.