Section 13A-3-23

Use of force in defense of a person.

(a) A person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use a degree of force which he reasonably believes to be necessary for the purpose. A person may use deadly physical force if the actor reasonably believes that such other person is:

(1) Using or about to use unlawful deadly physical force; or

(2) Using or about to use physical force against an occupant of a dwelling while committing or attempting to commit a burglary of such dwelling; or

(3) Committing or about to commit a kidnapping in any degree, assault in the first or second degree, burglary in any degree, robbery in any degree, forcible rape or forcible sodomy.

(b) Notwithstanding the provisions of subsection (a), a person is not justified in using deadly physical force upon another person if it reasonably appears or he knows that he can avoid the necessity of using such force with complete safety:

(1) By retreating, except that the actor is not required to retreat:

a. If he is in his dwelling or at his place of work and was not the original aggressor; or

b. If he is a peace officer or a private person lawfully assisting a peace officer at his direction.

(2), (3) Repealed by Acts 1979, No. 79-599, p. 1060, §1.

(c) Notwithstanding the provisions of subsection (a), a person is not justified in using physical force if:

(1) With intent to cause physical injury or death to another person, he provoked the use of unlawful physical force by such other person; or

(2) He was the initial aggressor, except that his use of physical force upon another person under the circumstances is justifiable if he withdraws from the encounter and effectively communicates to the other person his intent to do so, but the latter nevertheless continues or threatens the use of unlawful physical force; or

(3) The physical force involved was the product of a combat by agreement not specifically authorized by law.

(Acts 1977, No. 607, p. 812, §610; Acts 1979, No. 79-599, p. 1060, §1.)