American Family and Private Property Defense Act

American Family and Private Property Defense Act

This bill establishes various defenses a defendant charged with a crime of violence may assert and contains other related provisions.

It shall be an affirmative defense if the defendant used force, including deadly force, against another person if the defendant reasonably believed such force was necessary to defend the defendant or a third party from what the defendant reasonably believed was the person's use (or imminent use) of unlawful force. (An affirmative defense allows a defendant to escape criminal liability, but the defendant has the burden to prove that the defendant is entitled to the defense.)

A defendant who used deadly force may also assert this defense if the force was used against a person who unlawfully enters, attempts to unlawfully enter, or remains after unlawfully entering the private property lawfully occupied by a third party.

If such a defendant was the initial aggressor, the defendant may still assert this affirmative defense in certain instances. A defendant has no duty to retreat from any location where the defendant has a right to be.

The bill also establishes an affirmative defense for a defendant who used physical force on another to the extent the defendant reasonably believed such force was necessary to prevent what the defendant reasonably believed to be the commission or attempted commission of theft or damage of property.

Evidence of a defendant suffering from battered spouse syndrome shall be admissible as to the issue of whether the defendant lawfully acted in self-defense or defense of another.