Stand Your Ground Act of 2003

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In Character
Stand Your Ground Act
San Andreas State Seal.png
General Information
Short Title Stand Your Ground Act
Long Title Stand Your Ground Act of 2003
Acronyms SASYG
Enacted By San Andreas Congress
History
Introduced January 1st, 2003
Passed January 6th, 2003
Amendments None
Ratified No

Chapter I - Foreword

§ 101 - Definitions

(a) For the purposes of this law and all references to this law, the use of force described in Sec. 201, Sub Sec. (c), pertaining to temporary detainment for the purposes of contacting law enforcement for a formal arrest shall be known as a "Citizens Arrest".

(b) For the purposes of this law, "stand your (his or her) ground" shall mean the use of deadly force to prevent the commission or continued commission of a forcible felony, death, or great bodily harm upon themselves or another member of the public.

(c) For the purpose of this law, "forcible felony" means:

(1) treason;
(2) murder;
(3) manslaughter;
(4) sexual battery;
(5) carjacking;
(6) home-invasion robbery;
(7) robbery; burglary;
(8) arson;
(9) kidnapping;
(10) aggravated assault;
(11) aggravated battery;
(12) aggravated stalking;
(13) aircraft piracy;
(14) unlawful throwing,
(15) placing, or discharging of a destructive device or bomb and;
(16) any other felony which involves the use or threat of physical force or violence against any individual. 

Chapter II - Use of Force

§ 201. - Threat or Use of Force

(a) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.

(b) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent:

(1) a felonious crime or a crime of unlawful force upon another person;
(2) a felonious crime or a crime of unlawful force upon someone's property with a value of $500 or more;
(3) the commission or continued commission of a crime which is reasonably believed may cause harm to members of the public, the perpetrator, or public or private property valued over $500.

(c) The use of force to prevent the commission, continued commission, or attempted commission of a felonious crime, unlawful force, or destruction of property as described under Sec. 201, Sub Sec. (a) and (b), may extend to the subduing and temporary detainment for a period of time reasonable enough to contact law enforcement for an arrest or criminal investigation. This shall be known as a "Citizens Arrest".

(d) A person who uses or threatens to use force in accordance with this title does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use force is not engaged in a criminal activity and is in a place where he or she has a right to be.

§ 201. - Threat or Use of Deadly Force

(a) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to:

(1) prevent imminent death or great bodily harm to himself or herself or another or;
(2) to prevent the imminent commission or continued commission of a forcible felony

(b) A person who uses or threatens to use deadly force in accordance with this section does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be. 

Chapter III - Liability

§ 301. - General Liability

(a) A person who uses or threatens the use of force as permitted in Sec. 201 and Sec. 202 is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of force by the person, personal representative, or heirs of the person against whom the force was used or threatened.

(b) A law enforcement agency may use standard procedures for investigating the use or threatened use of force as described in Sec. 201 and Sec. 202, but the agency may not arrest the person for using or threatening to use force unless it determines that there is probable cause that the force that was used or threatened was unlawful.

(c) The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in Sec. 301. 

Amendments

None