(a) The right of an individual to defend himself or herself and the life of a person or property in the individual's home against harm, injury, or loss by a person unlawfully entering or attempting to enter or intrude into the home is reaffirmed as a fundamental right to be preserved and promoted as a public policy in this state.
(b) There is a legal presumption that any force or means used to accomplish a purpose described in subsection (a) of this section was exercised in a lawful and necessary manner, unless the presumption is overcome by clear and convincing evidence to the contrary.
(c) The public policy stated in subsection (a) of this section shall be strictly complied with by the court and an appropriate instruction of this public policy shall be given to a jury sitting in trial of criminal charges brought in connection with this public policy.
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