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5-2-607. Use of deadly physical force in defense of a person.
Arkansas Code — all titles (historical 2020) · legal_authorities
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:5-2-607
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b38b71aca73f8a1da3b29a242ddebf7f2c18b194642d801856be5d980c727491
Source location: content.xml paragraph 2939
Stored source content
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 constitutes a crime under the laws of this state.
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Arkansas Code — all titles (historical 2020) · legal_authorities
9-15-103. Definitions.
As used in this chapter:
(1) “Commercial mobile radio service” means commercial mobile service as defined in 47 U.S.C. § 332;
(2) “County where the petitioner resides” means the county in which the petitioner physically resides at the time the petition is filed and may include a county where the petitioner is located for a short-term stay in a domestic violence shelter;
(3)(A) “Dating relationship” means a romantic or intimate social relationship between two (2) individuals that shall be determined by examining the following factors:
(i) The length of the relationship;
(ii) The type of the relationship; and
(iii) The frequency of interaction between the two (2) individuals involved in the relationship.
(B) “Dating relationship” does not include a casual relationship or ordinary fraternization between two (2) individuals in a business or social context;
(4) “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 constitutes a crime under the laws of this state;
(5) “Family or household members” means spouses, former spouses, parents and children, persons related by blood within the fourth degree of consanguinity, in-laws, any children residing in the household, persons who presently or in the past have resided or cohabited together, persons who have or have had a child in common, and persons who are presently or in the past have been in a dating relationship together;
(6) “In-laws” means persons related by marriage within the second degree of consanguinity; and
(7) “Wireless telephone service provider” m
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-15-103
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 9-15-103. This identifies an authority to review, not proof of applicability.