Citations Affected: IC 35-41-3-2.5.
Synopsis: Right to defend against unlawful entry. Permits a person to
resist the unlawful entry into a dwelling by a law enforcement officer
under certain conditions. (The introduced version of this bill was
prepared by the Legislative Council Barnes v. State Subcommittee.)
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
object to the entry.
(4) The entry into a dwelling by a law enforcement officer in
hot pursuit.
(5) A person who is committing or is escaping after the
commission of a crime.
(6) The entry into a dwelling by a law enforcement officer
with a warrant.
(c) A person may use force in accordance with this section to
prevent or terminate a law enforcement officer's unlawful entry
into the person's dwelling or into the dwelling of a member of the
person's immediate family under one (1) or more of the following
conditions:
(1) The person does not have actual knowledge that the officer
is a law enforcement officer, and the officer:
(A) has not identified himself or herself as a law
enforcement officer; or
(B) is not wearing a distinctive uniform or badge of
authority.
(2) The law enforcement officer is not engaged in the
execution of the law enforcement officer's official duty.
(d) A person may use reasonable force, including physical force,
against a person described in subsection (c)(1), if the person
reasonably believes that the force is necessary to immediately
prevent or terminate the unlawful entry into the dwelling.
(e) A person may not use physical force against a law
enforcement officer described in subsection (c)(2) unless the person
has no adequate alternative to prevent or terminate the unlawful
entry into the dwelling.
(f) A person who is justified in using force under this section is
not required to retreat.