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New York Penal - Article 35 - § 35.20 Justification; Use of Physical Force in Defense of Premises and in Defense of a Person in the Course of Burglary

Legal Research Home > New York Laws > Penal > New York Penal - Article 35 - § 35.20 Justification; Use of Physical Force in Defense of Premises and in Defense of a Person in the Course of Burglary


Penal 
 
  §  35.20 Justification; use of physical force in defense of premises and
            in defense of a person in the course of burglary.
    1. Any person may use physical force upon another person  when  he  or
  she  reasonably  believes  such  to be necessary to prevent or terminate
  what he or she reasonably believes to be  the  commission  or  attempted
  commission by such other person of a crime involving damage to premises.
  Such  person  may  use  any  degree of physical force, other than deadly
  physical force, which he or she reasonably believes to be necessary  for
  such  purpose, and may use deadly physical force if he or she reasonably
  believes such to be necessary to prevent or terminate the commission  or
  attempted commission of arson.
    2.  A  person  in  possession  or control of any premises, or a person
  licensed or privileged to be thereon or therein, may use physical  force
  upon  another  person  when  he  or  she  reasonably believes such to be
  necessary to prevent or terminate what he or she reasonably believes  to
  be  the  commission  or  attempted  commission by such other person of a
  criminal trespass upon such premises. Such person may use any degree  of
  physical  force,  other  than  deadly  physical  force,  which he or she
  reasonably believes to be necessary for such purpose, and may use deadly
  physical force in order  to  prevent  or  terminate  the  commission  or
  attempted  commission  of arson, as prescribed in subdivision one, or in
  the course of  a  burglary  or  attempted  burglary,  as  prescribed  in
  subdivision three.
    3.  A person in possession or control of, or licensed or privileged to
  be in, a dwelling or an occupied building, who reasonably believes  that
  another  person is committing or attempting to commit a burglary of such
  dwelling or building, may use deadly  physical  force  upon  such  other
  person  when  he  or  she  reasonably  believes  such to be necessary to
  prevent or terminate the commission  or  attempted  commission  of  such
  burglary.
    4.  As  used  in  this section, the following terms have the following
  meanings:
    (a) The terms "premises," "building" and "dwelling" have the  meanings
  prescribed in section 140.00;
    (b)  Persons "licensed or privileged" to be in buildings or upon other
  premises include, but are not limited to:
    (i) police officers or peace officers acting  in  the  performance  of
  their duties; and
    (ii)  security  personnel  or  employees  of  nuclear powered electric
  generating facilities located within the state who are employed as  part
  of  any security plan approved by the federal operating license agencies
  acting in the performance of their duties at such generating facilities.
  For purposes of this subparagraph, the term  "nuclear  powered  electric
  generating  facility"  shall  mean a facility that generates electricity
  using nuclear power for sale, directly or  indirectly,  to  the  public,
  including the land upon which the facility is located and the safety and
  security zones as defined under federal regulations.
Section:  Previous  Article 35  35.00  35.05  35.10  35.15  35.20  35.25  35.27  35.30  Next

Last modified: February 16, 2014