Section 11.81.335. Justification: Use of deadly force in defense of self.

   (a) Except as provided in (b) of this section, a person who is justified in using nondeadly force in self-defense under AS 11.81.330 may use deadly force in self-defense upon another person when and to the extent the person reasonably believes the use of deadly force is necessary for self-defense against
        (1) death;
        (2) serious physical injury;
        (3) kidnapping, except for what is described as custodial interference in the first degree in AS 11.41.320;
        (4) sexual assault in the first degree;
        (5) sexual assault in the second degree;
        (6) sexual abuse of a minor in the first degree; or
        (7) robbery in any degree.
   (b) A person may not use deadly force under this section if the person knows that, with complete personal safety and with complete safety as to others being defended, the person can avoid the necessity of using deadly force by leaving the area of the encounter, except there is no duty to leave the area if the person is
        (1) on premises
             (A) that the person owns or leases;
             (B) where the person resides, temporarily or permanently; or
             (C) as a guest or express or implied agent of the owner, lessor, or resident;
        (2) a peace officer acting within the scope and authority of the officer's employment or a person assisting a peace officer under AS 11.81.380;
        (3) in a building where the person works in the ordinary course of the person's employment;
        (4) protecting a child or a member of the person's household; or
        (5) in any other place where the person has a right to be.

Notes

History

(Sec. 10 ch 166 SLA 1978; am Sec. 10 ch 4 SLA 1990; am Sec. 3 ch 68 SLA 2006; am Sec. 1 ch 51 SLA 2013)