Section 768.21c - Use of deadly force by individual in own dwelling; "dwelling" defined.

THE CODE OF CRIMINAL PROCEDURE (EXCERPT)
Act 175 of 1927

768.21c Use of deadly force by individual in own dwelling; "dwelling" defined.

Sec. 21c.

(1) In cases in which section 2 of the self-defense act does not apply, the common law of this state applies except that the duty to retreat before using deadly force is not required if an individual is in his or her own dwelling or within the curtilage of that dwelling.

(2) As used in this section, "dwelling" means a structure or shelter that is used permanently or temporarily as a place of abode, including an appurtenant structure attached to that structure or shelter.


History: Add. 2006, Act 313, Eff. Oct. 1, 2006