Title V. Penal Code
Chapter 3. Defences.
§ 309. Use of Force in Protection of Persons.
1. The use of force upon or toward another person is justifiable when the defendant believes that such force is immediately necessary for the intent of protecting himself or another person against the perceived use of unlawful force by such other person on the present occasion.
2. The use of deadly force is justifiable if the
defendant believes that such force is necessary to protect himself or another against a
perceived immediate risk of death, serious bodily harm, or sexual intercourse compelled by
force or threat, unless
a.
the defendant with the intent of causing death or serious bodily harm, provoked the use of
force against himself in the same encounter; or
b.
the defendant knows that he can avoid the necessity of using such force with complete
safety by retreating, except from his dwelling or place of employment.
3. A person employing protective force may estimate the necessity thereof under the circumstances as he believes them to be when the force is used, without retreating, surrendering possession, or doing any other act that he has no legal duty to do or abstaining from any lawful action.
4. Confinement as protective force shall be justified only if the defendant takes all reasonable measures to terminate the confinement as soon as he knows that he safely can, unless the person confined has been lawfully arrested.