What states use the law "Duty to retreat" in a self defense act?
- speakeasyLv 61 decade agoFavorite Answer
The ones that want the criminals to have dominance of force. Let's see which they are... it seems Wikipedia has the most comprehensive and complicated info on the subject.
States with a Stand-your-ground Law
No duty to retreat anywhere.
# Oklahoma §21-1289.25
# South Carolina (Persons not "required to needlessly retreat.")
# Tennessee 2007 Tenn. Pub. Acts Ch. 210 (Amends Tenn. Code. Ann. § 39-11-611)
States with a Castle Law
No duty to retreat if in the home.
* Hawaii (Retreat required outside the home if it can be done in "complete safety.")
* Kansas (§ 21-3212. Use of force in defense of dwelling; no duty to retreat. (a) A person is justified in the use of force against another when and to the extent that it appears to such person and such person reasonably believes that such force is necessary to prevent or terminate such other's unlawful entry into or attack upon such person's dwelling or occupied vehicle.)
* Maine (Deadly force justified to terminate criminal trespass AND another crime within home; duty to retreat not specifically removed)
* Maryland See Maryland self-defense (Case-law, not statute, incorporates the commonlaw castle-doctrine into Maryland self-defense law. Invitees or guests may have duty to retreat based on mixed case law.)
* Michigan (more recent law--Act 309 of 2006--does not relieve duty to retreat "unless [deadly force is] necessary to prevent imminent death;" this represents no change from common law, which does not require retreat unless it can be safely done)
* Mississippi (to use reference, select "Code of 1972" and search "retreat")
* Missouri (Extends Castle Doctrine to one's vehicle)
* Ohio (Extends to vehicles of self and immediate family; effective September 9th, 2008. Section 2901.09)
* New Jersey ("Statues" link in sidebar, see New Jersey Statues 2C:3-4, retreat required outside home if actor knows he can avoid necessity of deadly force in complete safety, etc.)
* North Carolina
* Rhode Island
* West Virginia (Senate bill 145 signed March 12, 2008. WV code §55-7-22)
* New HampshireSource(s): http://en.wikipedia.org/wiki/Castle_Doctrine
- 1 decade ago
Not sure about States, but I know France does and has...often!!!