Printable Format21-5222. Defense of a person; no duty to retreat. (a) A person is justified in the use of force against another when and to the extent it appears to such person and such person reasonably believes that such use of force is necessary to defend such person or a third person against such other's imminent use of unlawful force.
(b) A person is justified in the use of deadly force under circumstances described in subsection (a) if such person reasonably believes that such use of deadly force is necessary to prevent imminent death or great bodily harm to such person or a third person.
(c) Nothing in this section shall require a person to retreat if such person is using force to protect such person or a third person.
History: L. 2010, ch. 136, § 21; L. 2011, ch. 30, § 7; July 1.
Source or Prior Law:
21-3211.
CASE ANNOTATIONS
1. Defense of a dwelling and self-defense are not mutually exclusive; individual may respond with reasonable force in self-defense, to a lawful use of force in defense of a dwelling, if individual believes the force is unlawful. State v. Andrew, 301 Kan. 36, 44, 340 P.3d 476 (2014).
2. Self-defense and immunity are distinct concepts, and the distinction between the two concepts is effectively lost if a case is erroneously permitted to go to trial; district courts must perform a procedural gatekeeping function and prevent cases where defendants qualify for immunity from going to trial. State v. Betts, 60 Kan. App. 2d 269, 281, 489 P.3d 866 (2021), rev. granted (Sept. 27, 2021).
3. Statutory grant of immunity is confined to use of force against a person or thing reasonably believed to be an aggressor and does not extend to reckless acts while engaged in self-defense that result in unintended injury to innocent bystanders. State v. Betts, 316 Kan. 191, 514 P.3d 341 (2022).