(a) As used in this section:
(1) “Pregnant” means the female reproductive condition of having an unborn child in the female's body; and
(2) “Unborn child” means the offspring of human beings from conception until birth.
(b) A pregnant woman is justified in using physical force or deadly physical force against another person to protect her unborn child if, under the circumstances as the pregnant woman reasonably believes them to be, she would be justified under § 5-2-606 or § 5-2-607 in using physical force or deadly physical force to protect herself against the unlawful physical force or unlawful deadly physical force she reasonably believes to be threatening her unborn child.
(c) The justification for using physical force or deadly physical force against another person to protect a pregnant woman's unborn child is not available if:
(1) The use of the physical force or deadly physical force for protection was used by a person other than the pregnant woman; or
(2)
(A) The use of the deadly physical force for protection would not be allowed under § 5-2-607(b).
(B) However, the pregnant woman is not obligated to retreat or surrender possession of property as described in § 5-2-607(b) unless the pregnant woman knows she can avoid the necessity of using deadly physical force and simultaneously ensure the complete safety of her unborn child.
Structure Arkansas Code
Subtitle 1 - General Provisions
Chapter 2 - Principles of Criminal Liability
§ 5-2-603. Execution of public duty
§ 5-2-605. Use of physical force generally
§ 5-2-606. Use of physical force in defense of a person
§ 5-2-607. Use of deadly physical force in defense of a person
§ 5-2-608. Use of physical force in defense of premises
§ 5-2-609. Use of physical force in defense of property
§ 5-2-610. Use of physical force by law enforcement officers
§ 5-2-611. Use of physical force by private person aiding law enforcement officers
§ 5-2-612. Use of physical force in resisting arrest
§ 5-2-614. Use of reckless or negligent force
§ 5-2-615. Use of physical force by a pregnant woman in defense of her unborn child
§ 5-2-620. Use of force to defend persons and property within home