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CSHB 293(JUD): "An Act relating to the use of force in defense of persons or property."

00CS FOR HOUSE BILL NO. 293(JUD) 01 "An Act relating to the use of force in defense of persons or property." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.81.335(a) is amended to read: 04  (a) A [EXCEPT AS PROVIDED IN (b) OF THIS SECTION, A] person may 05 use deadly force upon another person when and to the extent 06  (1) the use of nondeadly force is justified under AS 11.81.330(a) 07 [AS 11.81.330]; and 08  (2) the person reasonably believes the use of deadly force is necessary 09 for self defense against death, serious physical injury, kidnapping, sexual assault in the 10 first degree, sexual assault in the second degree, or robbery in any degree. 11 * Sec. 2. AS 11.81.350 is amended by adding a new subsection to read: 12  (e) An occupant of a dwelling is justified in using physical force, including 13 deadly force, against another person when the other person has made an unlawful entry 14 into the dwelling and when the occupant reasonably believes that the other person has

01 committed a crime in the dwelling, in addition to the uninvited entry, or is committing 02 or intends to commit a crime against a person or property, in addition to the uninvited 03 entry, and when the occupant reasonably believes that the other person might use any 04 physical force, no matter how slight, against any occupant. An occupant of a dwelling 05 using physical force, including deadly force, in accordance with this subsection is 06 immune from criminal prosecution for the use of the deadly or nondeadly force and 07 from civil liability for injuries or death resulting from the use of the deadly or 08 nondeadly force. 09 * Sec. 3. AS 11.81.335(b) is repealed.