GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

S	3 

SENATE BILL 44
Select Committee on Corrections/Punishment Committee Substitute Adopted 2/22/94
Third Edition Engrossed 2/24/94

Short Title:  Use of Deadly Force Against Intruder.	(Public)
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February 9, 1994

A BILL TO BE ENTITLED
AN ACT PERMITTING THE USE OF DEADLY FORCE AGAINST AN INTRUDER UNDER CERTAIN CIRCUMSTANCES.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14-51.1.  Use of deadly physical force against an intruder.
(a)	A lawful occupant of a home or other place of residence is justified in using any degree of force, including deadly force, against an intruder to prevent a forcible entry into the home or residence (i) if there is a reasonable apprehension of death or serious bodily harm to the occupant or others in the home or residence, or (ii) if there is a reasonable belief that the intruder intends to commit a felony therein.
(b)	If an intruder is inside a home or other place of residence following a forcible entry, a lawful occupant of a home or residence is justified in using any degree of force, including deadly force, (i) where that force is necessary, or (ii) where that force is not actually necessary but the occupant has reasonable grounds to believe it is necessary to protect the occupant or others from death or serious bodily harm."
Sec. 2.  This act becomes effective July 1, 1994.