2014 Indiana Criminal Code Book - page 145

CRIMINAL LAWAND PROCEDURE
145
a person is justified in using reasonable force
against any other person if the person reasonably
believes that the force is necessary to immediately
prevent or terminate the other person’s trespass on
or criminal interference with property lawfully in
the person’s possession, lawfully in possession of
a member of the person’s immediate family, or
belonging to a person whose property the person
has authority to protect. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
only if that force is justified under subsection (c).
(f) A person is justified in using reasonable
force, including deadly force, against any other
person and does not have a duty to retreat if the
person reasonably believes that the force is nec-
essary to prevent or stop the other person from
hijacking, attempting to hijack, or otherwise seiz-
ing or attempting to seize unlawful control of an
aircraft in flight. For purposes of this subsection,
an aircraft is considered to be in flight while the
aircraft is:
(1) on the ground in Indiana:
(A) after the doors of the aircraft are
closed for takeoff; and
(B) until the aircraft takes off;
(2) in the airspace above Indiana; or
(3) on the ground in Indiana:
(A) after the aircraft lands; and
(B) before the doors of the aircraft are
opened after landing.
(g) Notwithstanding subsections (c) through
(e), a person is not justified in using force if:
(1) the person is committing or is escaping
after the commission of a crime;
(2) the person provokes unlawful action by
another person with intent to cause bodily
injury to the other person; or
(3) the person has entered into combat
with another person or is the initial aggres-
sor unless the person withdraws from the
encounter and communicates to the other
person the intent to do so and the other per-
son nevertheless continues or threatens to
continue unlawful action
(h) Notwithstanding subsection (f), a person is
not justified in using force if the person:
(1) is committing, or is escaping after the
commission of, a crime;
(2) provokes unlawful action by another
person, with intent to cause bodily injury
to the other person; or
(3) continues to combat another person
after the other person withdraws from the
encounter and communicates the other
person’s intent to stop hijacking, attempt-
ing to hijack, or otherwise seizing or
attempting to seize unlawful control of an
aircraft in flight.
(i) A person is justified in using reasonable
force against a public servant if the person rea-
sonably believes the force is necessary to:
(1) protect the person or a third person
from what the person reasonably believes
to be the imminent use of unlawful force;
(2) prevent or terminate the public ser-
vant’s unlawful entry of or attack on the
person’s dwelling, curtilage, or occupied
motor vehicle; or
(3) prevent or terminate the public ser-
vant’s unlawful trespass on or criminal
interference with property lawfully in the
person’s possession, lawfully in posses-
sion of a member of the person’s immedi-
ate family, or belonging to a person whose
property the person has authority to protect.
(j) Notwithstanding subsection (i), a person is
not justified in using force against a public servant
if:
(1) the person is committing or is escaping
after the commission of a crime;
(2) the person provokes action by the pub-
lic servant with intent to cause bodily
injury to the public servant;
(3) the person has entered into combat
with the public servant or is the initial
aggressor, unless the person withdraws
from the encounter and communicates to
the public servant the intent to do so and
the public servant nevertheless continues
or threatens to continue unlawful action; or
(4) person reasonably believes the public
servant is:
(A) acting lawfully; or
(B) engaged in the lawful execution
of the public servant’s official duties.
(k) A person is not justified in using deadly
force against a public servant whom the person
knows or reasonably should know is a public ser-
vant unless:
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