13-406. Justification; defense of a third person
A person is justified in threatening or using physical force or deadly physical force against
another to protect a third person if, under the circumstances as a reasonable person would believe
them to be, such person would be justified under 13-404 or 13-405 in threatening or using
physical force or deadly physical force to protect himself against the unlawful physical force or
deadly physical force a reasonable person would believe is threatening the third person he seeks
to protect.
13-411. Justification; use of force in crime prevention; applicability
A. A person is justified in threatening or using both physical force and deadly physical force
against another if and to the extent the person reasonably believes that physical force or deadly
physical force is immediately necessary to prevent the other's commission of arson of an
occupied structure under 13-1704, burglary in the second or first degree under 13-1507 or 13-
1508, kidnapping under 13-1304, manslaughter under 13-1103, second or first degree murder
under 13-1104 or 13-1105, sexual conduct with a minor under 13-1405, sexual assault under
13-1406, child molestation under 13-1410, armed robbery under 13-1904 or aggravated
assault under 13-1204, subsection A, paragraphs 1 and 2.
B. There is no duty to retreat before threatening or using physical force or deadly physical force
justified by subsection A of this section.
C. A person is presumed to be acting reasonably for the purposes of this section if the person is
acting to prevent what the person reasonably believes is the imminent or actual commission of
any of the offenses listed in subsection A of this section.
D. This section includes the use or threatened use of physical force or deadly physical force in a
person's home, residence, place of business, land the person owns or leases, conveyance of any
kind, or any other place in this state where a person has a right to be.
13-419. Presumptions; defense of a residential structure or occupied vehicle; exceptions;
definition
A. A person is presumed to reasonably believe that the threat or use of physical force or deadly
force is immediately necessary for the purposes of 13-404 through 13-408, 13-418 and 13-
421 if the person knows or has reason to believe that the person against whom physical force or
deadly force is threatened or used is unlawfully or forcefully entering or has unlawfully or
forcefully entered and is present in the person's residential structure or occupied vehicle.
B. For the purposes of 13-404 through 13-408, 13-418 and 13-421, a person who is
unlawfully or forcefully entering or who has unlawfully or forcefully entered and is present in a
residential structure or occupied vehicle is presumed to pose an imminent threat of unlawful
deadly harm to any person who is in the residential structure or occupied vehicle.
C. The presumptions in subsections A and B of this section do not apply if:
1. The person against whom physical force or deadly physical force was threatened or used has
the right to be in or is a lawful resident of the residential structure or occupied vehicle, including
an owner, lessee, invitee or titleholder, and an order of protection or injunction against
harassment has not been filed against that person.
2. The person against whom physical force or deadly physical force was threatened or used is the
parent or grandparent, or has legal custody or guardianship, of a child or grandchild sought to be
removed from the residential structure or occupied vehicle.
3. The person who threatens or uses physical force or deadly physical force is engaged in an
unlawful activity or is using the residential structure or occupied vehicle to further an unlawful
activity.
4. The person against whom physical force or deadly physical force was threatened or used is a
law enforcement officer who enters or attempts to enter a residential structure or occupied
vehicle in the performance of official duties.
D. For the purposes of this section:
1. �Residential structure� has the same meaning prescribed in 13-1501.
2. �Vehicle� means a conveyance of any kind, whether or not motorized, that is designed to
transport persons or property.
13-421. Justification; defensive display of a firearm; definition
A. The defensive display of a firearm by a person against another is justified when and to the
extent a reasonable person would believe that physical force is immediately necessary to protect
himself against the use or attempted use of unlawful physical force or deadly physical force.
B. This section does not apply to a person who:
1. Intentionally provokes another person to use or attempt to use unlawful physical force.
2. Uses a firearm during the commission of a serious offense as defined in 13-706 or violent
crime as defined in 13-901.03.
C. This section does not require the defensive display of a firearm before the use of physical
force or the threat of physical force by a person who is otherwise justified in the use or threatened
use of physical force.
D. For the purposes of this section, �defensive display of a firearm� includes:
1. Verbally informing another person that the person possesses or has available a firearm.
2. Exposing or displaying a firearm in a manner that a reasonable person would understand was
meant to protect the person against another's use or attempted use of unlawful physical force or
deadly physical force.
3. Placing the person's hand on a firearm while the firearm is contained in a pocket, purse or
other means of containment or transport.
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