Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

SF 893

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:17am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10
1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20
3.21 3.22

A bill for an act
relating to public safety; clarifying law on use of force in defense of home and
person; codifying and extending Minnesota's self-defense and defense of home
laws; eliminating the common law duty to retreat in cases of self defense outside
the home; expanding the boundaries of dwelling; creating a presumption in the
case of a person entering a dwelling or occupied vehicle by force; extending the
rights available to a person in his or her dwelling to a person defending against
entry of his or her occupied vehicle; amending Minnesota Statutes 2008, section
609.065.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 609.065, is amended to read:


609.065 JUSTIFIABLE deleted text beginTAKING OF LIFEdeleted text endnew text begin USE OF DEADLY FORCE IN
SELF DEFENSE
new text end.

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

deleted text begin The intentional taking of the life of another is not
authorized by section 609.06, except when necessary in resisting or preventing an offense
which the actor reasonably believes exposes the actor or another to great bodily harm or
death, or preventing the commission of a felony in the actor's place of abode.
deleted text end new text begin (a) For
purposes of this section, the following terms have the meanings given them.
new text end

new text begin (b) "Substantial bodily harm" and "great bodily harm" have the meanings given
them in section 609.02, subdivisions 7a and 8, respectively.
new text end

new text begin (c) "Court order" means an order for protection or no contact order issued under
section 518B.01, or a restraining order or no contact order issued under section 609.748,
or a substantively similar order issued by any court in any state.
new text end

new text begin (d) "Deadly force" means force used by an individual with the purpose of causing,
or which the individual should reasonably know creates a substantial risk of causing,
great bodily harm or death. The intentional discharge of a firearm by an individual at
another person, or at a vehicle in which another person is believed to be, constitutes
deadly force. A threat to cause great bodily harm or death, by the production of a weapon
or otherwise, constitutes reasonable force and not deadly force, so long as the individual's
objective is limited to creating an expectation that the individual will use deadly force if
authorized by law.
new text end

new text begin (e) "Dwelling" means a building or a conveyance of any kind, designed to be
occupied by one or more persons lodging therein, including its curtilage and any attached
deck, porch, appurtenance, or connected structure, whether the building or conveyance is
used temporarily or permanently, is mobile or immobile, or is a tent.
new text end

new text begin (f) "Felony" has the meaning given in section 609.02, subdivision 2.
new text end

new text begin (g) "Vehicle" means "motor vehicle" as defined in section 168.002, subdivision 18.
new text end

new text begin Subd. 2. new text end

new text begin Circumstances when authorized. new text end

new text begin The use of deadly force by an
individual in self defense is authorized by this section when the act is undertaken:
new text end

new text begin (1) to resist or prevent an offense or attempted offense by an assailant, which the
individual reasonably believes constitutes an imminent threat that exposes the individual
or another person to substantial or great bodily harm or death; or
new text end

new text begin (2) to resist or prevent the commission, in the individual's dwelling or occupied
vehicle, of an offense or attempted offense that the individual reasonably believes is
a felony.
new text end

new text begin Subd. 3. new text end

new text begin Degree of force; retreat. new text end

new text begin An individual using defensive action under
circumstances described in subdivision 2 may stand the individual's ground in any place
where the individual has a legal right to be, and may use all force and means, including
deadly force, that the individual believes is required to succeed in defense. The individual
may meet force with superior force, so long as the individual's objective is defense.
The individual is not required to retreat, and may continue defensive actions against an
assailant until the assailant is no longer an imminent threat.
new text end

new text begin Subd. 4. new text end

new text begin Presumptions. new text end

new text begin (a) A person who enters or attempts to enter by force or by
stealth the dwelling or occupied vehicle of another person is presumed to do so with the
intent to commit an unlawful act involving a life-threatening level of force.
new text end

new text begin (b) An individual using deadly force is presumed to possess a reasonable belief
that there exists an imminent threat of substantial or great bodily harm or death to the
individual or another person, if the individual knows or has reason to know that:
new text end

new text begin (1) the person against whom the defensive action is being taken is entering or
attempting to enter by force or by stealth, or has entered by force or by stealth and remains
within, the dwelling or occupied vehicle of the individual or other person; or
new text end

new text begin (2) the person against whom the defensive action is being taken is in the process
of removing or attempting to remove by force the individual or another person from the
dwelling or occupied vehicle of the individual or other person.
new text end

new text begin (c) The individual is not entitled to the benefit of the presumption set forth in
paragraph (b) if the individual knows that the person against whom the defensive action
is being taken:
new text end

new text begin (1) is a lawful resident of the dwelling or a lawful possessor of the vehicle, or is
otherwise lawfully permitted to enter the dwelling or vehicle; or
new text end

new text begin (2) is the parent, grandparent, or guardian, or another person who has lawful custody
of the person being removed or being sought to be removed from the dwelling or vehicle.
new text end

new text begin A person who is prohibited by a court order from contacting another individual or
from entering a dwelling or possessing a vehicle of another individual is not a lawful
resident of that individual's dwelling and is not a lawful possessor of that individual's
vehicle.
new text end

new text begin Subd. 5. new text end

new text begin Criminal investigation; immunity from prosecution. new text end

new text begin (a) An individual
who uses deadly force according to this section is justified in using such force and is
immune from any criminal prosecution for that act.
new text end

new text begin (b) A law enforcement agency may arrest a person using force under circumstances
described in this section only after considering any claims or circumstances supporting
self-defense.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to
qualifying uses of deadly force occurring on or after that date.
new text end