14-51.4. Justification for defensive force not available.
The justification described in G.S. 14-51.2 and G.S. 14-51.3 is not available to a person who used defensive force and who:
(1) Was attempting to commit, committing, or escaping after the commission of a felony.
(2) Initially provokes the use of force against himself or herself. However, the person who initially provokes the use of force against himself or herself will be justified in using defensive force if either of the following occur:
a. The force used by the person who was provoked is so serious that the person using defensive force reasonably believes that he or she was in imminent danger of death or serious bodily harm, the person using defensive force had no reasonable means to retreat, and the use of force which is likely to cause death or serious bodily harm to the person who was provoked was the only way to escape the danger.
b. The person who used defensive force withdraws, in good faith, from physical contact with the person who was provoked, and indicates clearly that he or she desires to withdraw and terminate the use of force, but the person who was provoked continues or resumes the use of force. (2011-268, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 14 - Burglary and Other Housebreakings.
§ 14-51 - First and second degree burglary.
§ 14-51.3 - Use of force in defense of person; relief from criminal or civil liability.
§ 14-51.4 - Justification for defensive force not available.
§ 14-52 - Punishment for burglary.
§ 14-53 - Breaking out of dwelling house burglary.
§ 14-54 - Breaking or entering buildings generally.
§ 14-54.1 - Breaking or entering a building that is a place of religious worship.
§ 14-54.2 - Breaking or entering a pharmacy.
§ 14-55 - Preparation to commit burglary or other housebreakings.
§ 14-56.1 - Breaking into or forcibly opening coin- or currency-operated machines.
§ 14-56.2 - Damaging or destroying coin- or currency-operated machines.
§ 14-56.3 - Breaking into paper currency machines.
§ 14-56.4 - Preparation to commit breaking or entering into motor vehicles.