21-3214. Use of force by an aggressor.

21-3214

Chapter 21.--CRIMES AND PUNISHMENTS
PART I.--GENERAL PROVISIONS
Article 32.--PRINCIPLES OF CRIMINAL LIABILITY

      21-3214.   Use of force by an aggressor.The justification described in sections 21-3211, 21-3212, and 21-3213,is not available to a person who:

      (1)   Is attempting to commit, committing, or escaping from the commissionof a forcible felony; or

      (2)   Initially provokes the use of force against himself or another, withintent to use such force as an excuse to inflict bodily harm upon theassailant; or

      (3)   Otherwise initially provokes the use of force against himself oranother, unless:

      (a)   He has reasonable ground to believe that he is in imminent danger ofdeath or great bodily harm, and he has exhausted every reasonable means toescape such danger other than the use of force which is likely to causedeath or great bodily harm to the assailant; or

      (b)   In good faith, he withdraws from physical contact with the assailantand indicates clearly to the assailant that he desires to withdraw andterminate the use of force, but the assailant continues or resumes the useof force.

      History:   L. 1969, ch. 180, § 21-3214; July 1, 1970.