CRIMINAL LAWAND PROCEDURE
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(1) the person reasonably believes that the
public servant is:
(A) acting unlawfully; or
(B) not engaged in the execution of
the public servant’s official duties; and
(2) the force is reasonably necessary to
prevent serious bodily injury to a person or
a third person.
35-41-3-3. Use of force relating to arrest or
escape.
(a) A person other than a law enforcement
officer is justified in using reasonable force against
another person to effect an arrest or prevent the
other person’s escape if:
(1) A felony has been committed; and
(2) There is probable cause to believe the
other person committed the felony.
However, such a person is not justified in using
deadly force unless that force is justified under sec-
tion 2 of this chapter.
(b) A law enforcement officer is justified in
using reasonable force if the officer reasonably
believes that the force is necessary to effect a
lawful arrest. However, an officer is justified in
using deadly force only if the officer:
(1) Has probable cause to believe that that
deadly force is necessary:
(A) To prevent the commission of a
forcible felony; or
(B) To effect an arrest of a person who
the officer has probable cause to
believe poses a threat of serious bod-
ily injury to the officer or a third per-
son; and
(2) Has given a warning, if feasible, to the
person against whom the deadly force is to
be used.
(c) Alaw enforcement officer making an arrest
under an invalid warrant is justified in using force
as if the warrant was valid, unless the officer
knows that the warrant is invalid.
(d) A law enforcement officer who has an
arrested person in custody is justified in using
the same force to prevent the escape of the arrested
person from custody that the officer would be
justified in using if the officer was arresting that
person. However, an officer is justified in using
deadly force only if the officer:
(1) Has probable cause to believe that
deadly force is necessary to prevent the
escape from custody of a person who the
officer has probable cause to believe poses
a threat of serious bodily injury to the offi-
cer or a third person; and
(2) Has given a warning, if feasible, to the
person against whom the deadly force is to
be used.
(e) A guard or other official in a penal facil-
ity or a law enforcement officer is justified in
using reasonable force, including deadly force, if
the officer has probable cause to believe that the
force is necessary to prevent the escape of a per-
son who is detained in the penal facility.
(f) Notwithstanding subsection (b), (d), or
(e), a law enforcement officer who is a defen-
dant in a criminal prosecution has the same right
as a person who is not a law enforcement officer
to assert self-defense under IC 35-41-3-2.
35-41-3-5. Intoxication.
It is a defense that the person who engaged in
the prohibited conduct did so while he was intox-
icated, only of the intoxication resulted from the
introduction of a substance into his body:
(1) without his consent; or
(2) when he did not know that the sub-
stance might cause intoxication.
35-41-3-6. Mental disease or defect.
(a) A person is not responsible for having
engaged in prohibited conduct if, as a result of
mental disease or defect, he was unable to appre-
ciate the wrongfulness of the conduct at the time
of the offense.
(b) As used in this section, “mental disease or
defect” means a severely abnormal mental con-
dition that grossly and demonstrably impairs a per-
son’s perception, but the term does not include an
abnormality manifested only by repeated unlaw-
ful or antisocial conduct.
35-41-3-7. Mistake of fact.
It is a defense that the person who engaged in
the prohibited conduct was reasonably mistaken
about a matter of fact, if the mistake negates the
culpability required for commission of the offense.
