The "New Jersey Right to Home Defense Law."

A4611

ASSEMBLY, No. 4611

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 10, 2026

Sponsored by:

Assemblywoman� DAWN FANTASIA

District 24 (Morris, Sussex and Warren)

SYNOPSIS

���� The �New Jersey Right to Home Defense Law.�

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning the justifiable use of force in defending a dwelling, home or
residence, amending N.J.S.2C:3-4 and N.J.S.2C:3-6, and supplementing chapter 3
of Title 2C of the New Jersey Statutes.

����
Be It Enacted
by the Senate and General Assembly of the State of New
Jersey:

���� 1.��� (New section)� This act
shall be known and may be cited as the "New Jersey Right to Home Defense
Law."

���� 2.��� (New section)� The
Legislature finds and declares that:

���� a.���� Law-abiding people
should have the right to protect themselves, their families and others from
intruders and attackers without fear of prosecution or civil action for acting
in defense of their own well being and the well being of others in their own
homes and residences.

���� b.��� The "castle
doctrine" is a long-standing American legal concept arising from English
common law that provides that one's abode is a special area in which one enjoys
certain protections and immunities, that one is not obligated to retreat before
defending oneself against attack, and that one may do so without fear of
prosecution.

���� c.���� Article I of the New
Jersey Constitution guarantees the citizens of this State the rights "of
enjoying and defending life and liberty, of acquiring, possessing, and
protecting property, and of pursuing and obtaining safety and happiness."

���� d.��� All citizens and
residents of this State have a right to expect to be unmolested and safe within
their homes and residences.

���� e.���� No person should be
required, as a point of law, to surrender their personal safety or well being
to the unlawful actions of a criminal, nor to needlessly retreat in the face of
intrusion or attack in their home or residence.

���� f.���� It is, therefore,
altogether fitting and proper, and within the public interest, to ensure that
law-abiding people are justified in protecting themselves, their families and
others from intruders and attackers in their homes and residences, and that
they may do so without fear of prosecution or civil action.

���� 3.��� N.J.S.2C:3-4 is amended
to read as follows:

���� 2C:3-4.� Use of Force in
Self-Protection.� a.� Use of force justifiable for protection of the person.�
Subject to the provisions of this section and of section 2C:3-9, the use of
force upon or toward another person is justifiable when the actor reasonably
believes that such force is immediately necessary for the purpose of protecting
himself against the use of unlawful force by such other person on the present
occasion.

���� b.��� Limitations on
justifying necessity for use of force.

���� (1)�� The use of force is not
justifiable under this section:

���� (a)�� To resist an arrest
which the actor knows is being made by a peace officer in the performance of
his duties, although the arrest is unlawful, unless the peace officer employs
unlawful force to effect such arrest; or

���� (b)�� To resist force used by
the occupier or possessor of property or by another person on his behalf, where
the actor knows that the person using the force is doing so under a claim of
right to protect the property, except that this limitation shall not apply if:

���� (i)��� The actor is a public
officer acting in the performance of his duties or a person lawfully assisting
him therein or a person making or assisting in a lawful arrest;

���� (ii)�� The actor has been
unlawfully dispossessed of the property and is making a reentry or recaption
justified by section 2C:3-6; or

���� (iii)� The actor reasonably
believes that such force is necessary to protect himself against death or
serious bodily harm.

���� (2)�� The use of deadly force
is not justifiable under this section unless the actor reasonably believes that
such force is necessary to protect himself against death or serious bodily
harm; nor is it justifiable if:

���� (a)�� The actor, with the
purpose of causing death or serious bodily harm, provoked the use of force
against himself in the same encounter; or

���� (b)�� The actor knows that he
can avoid the necessity of using such force with complete safety by retreating
or by surrendering possession of a thing to a person asserting a claim of right
thereto or by complying with a demand that he abstain from any action which he
has no duty to take, except that:

���� (i)��� The actor is not
obliged to retreat from his dwelling, unless he was the initial aggressor; and

���� (ii)�� A public officer
justified in using force in the performance of his duties or a person justified
in using force in his assistance or a person justified in using force in making
an arrest or preventing an escape is not obliged to desist from efforts to perform
such duty, effect such arrest or prevent such escape because of resistance or
threatened resistance by or on behalf of the person against whom such action is
directed.

���� (3)�� Except as required by
paragraphs (1) and (2) of this subsection, a person employing protective force
may estimate the necessity of using force when the force is used, without
retreating, surrendering possession, doing any other act which he has no legal duty
to do or abstaining from any lawful action.

���� c.����
[
(1)
Notwithstanding the provisions of N.J.S.2C:3-5, N.J.S.2C:3-9, or this section,
the use of force or deadly force upon or toward an intruder who is unlawfully
in a dwelling is justifiable when the actor reasonably believes that the force
is immediately necessary for the purpose of protecting himself or other persons
in the dwelling against the use of unlawful force by the intruder on the
present occasion.

���� (2)�� A reasonable belief
exists when the actor, to protect himself or a third person, was in his own
dwelling at the time of the offense or was privileged to be thereon and the
encounter between the actor and intruder was sudden and unexpected, compelling
the actor to act instantly and:

���� (a)�� The actor reasonably
believed that the intruder would inflict personal injury upon the actor or
others in the dwelling; or

���� (b)�� The actor demanded that
the intruder disarm, surrender or withdraw, and the intruder refused to do so.

���� (3)�� An actor employing
protective force may estimate the necessity of using force when the force is
used, without retreating, surrendering possession, withdrawing or doing any
other act which he has no legal duty to do or abstaining from any lawful
action.
]
��
(Deleted
by amendment, P.L.��� , c.�� ) (pending before the Legislature as this bill).

����
d.��� Notwithstanding the
provisions of N.J.S.2C:3-5, N.J.S.2C:3-9, or this section, the use of force or
deadly force upon or toward an intruder is justified when the actor reasonably
fears imminent peril of death or serious bodily harm to himself or another as a
result of that intrusion into his home or residence.

����
For the purposes of this
subsection, a person is presumed to have a reasonable fear of imminent peril of
death or serious bodily harm to himself or another and, therefore, is justified
in using force when the person against whom that force is used (1) is in the
process of unlawfully and forcefully entering the person�s home or residence;
(2) has unlawfully and forcibly entered the person�s home or residence; or (3)
has unlawfully removed, or is attempting to unlawfully remove another, against
that individual�s will, from a person�s home or residence.� A person also shall
be presumed to have a reasonable fear of imminent peril of death or serious
bodily harm to himself or another and, therefore, be justified in using force
when the actor knows or reasonably believes that an unlawful and forcible entry
is occurring or an intruder is presently in the actor�s home or residence, or
when the actor knows or reasonably believes that an unlawful and forcible act
is occurring or has occurred.

����
A person presumed to have a
reasonable fear of imminent peril of death or serious bodily harm to himself or
another in his home or residence has no duty to retreat and is justified in
using force, including deadly force, if he reasonably believes it is necessary
to do so to prevent death or serious bodily harm to himself or another.

(cf: P.L.1999, c.73, s.1)

���� 4.��� N.J.S.2C:3-6 is amended
to read as follows:

���� 2C:3-6. Use of Force in
Defense of Premises or Personal Property.

���� a.���� Use of force in defense
of premises.� Subject to the provisions of this section and of section 2C:3-9,
the use of force upon or toward the person of another is justifiable when the
actor is in possession or control of premises or is licensed or privileged to
be thereon and he reasonably believes such force necessary to prevent or
terminate what he reasonably believes to be the commission or attempted
commission of a criminal trespass by such other person in or upon such premises
:
provided, however, a person who unlawfully and by force enters or attempts to
enter a person's home or residence is presumed to do so with the intent to
commit an unlawful act involving force or violence and the use of force upon or
toward that person is justifiable
.

���� b.��� Limitations on
justifiable use of force in defense of premises.

���� (1)�� Request to desist.�
[
The
]
�
Except in
those instances where, pursuant to subsection a. of this section, the use of
force is justifiable upon or toward a person who unlawfully and by force enters
or attempts to enter a person's home or residence and is presumed to do so with
the intent to commit an unlawful act involving force or violence, the
use
of force is justifiable under this section only if the actor first requests the
person against whom such force is used to desist from his interference with the
property, unless the actor reasonably believes that:

���� (a)�� Such request would be
useless;

���� (b)�� It would be dangerous to
himself or another person to make the request; or

���� (c)�� Substantial harm will be
done to the physical condition of the property which is sought to be protected
before the request can effectively be made.

���� (2)�� Exclusion of
trespasser.� The use of force is not justifiable under this section if the
actor knows that the exclusion of the trespasser will expose him to substantial
danger of serious bodily harm.

���� (3)�� Use of deadly force.�
The use of deadly force is not justifiable under subsection a. of this section
unless the actor reasonably believes that:

���� (a)�� The person against whom
the force is used is attempting to dispossess him of his dwelling otherwise
than under a claim of right to its possession; or

���� (b)�� The person against whom
the force is used is attempting to commit or consummate arson, burglary,
robbery or other criminal theft or property destruction; except that

���� (c)�� Deadly force does not
become justifiable under subparagraphs (a) and (b) of this subsection unless
the actor reasonably believes that:

���� (i)��� The person against whom
it is employed has employed or threatened deadly force against or in the
presence of the actor; or

���� (ii)�� The use of force other
than deadly force to terminate or prevent the commission or the consummation of
the crime would expose the actor or another in his presence to substantial
danger of bodily harm.� An actor within a dwelling shall be presumed to have a
reasonable belief in the existence of the danger.� The State must rebut this
presumption by proof beyond a reasonable doubt;
or

����
(iii)� The actor is in
imminent peril of death or serious bodily harm to himself and, pursuant to
N.J.S.2C:3-4, is justified in using force, including deadly force.� The State
must rebut this presumption by proof beyond a reasonable doubt
.

���� c.���� Use of force in defense
of personal property.� Subject to the provisions of subsection d. of this
section and of section 2C:3-9, the use of force upon or toward the person of
another is justifiable when the actor reasonably believes it necessary to prevent
what he reasonably believes to be an attempt by such other person to commit
theft, criminal mischief or other criminal interference with personal property
in his possession or in the possession of another for whose protection he acts.

���� d.��� Limitations on
justifiable use of force in defense of personal property.

���� (1)�� Request to desist and
exclusion of trespasser.� The limitations of subsection b. (1) and (2) of this
section apply to subsection c. of this section.

���� (2)�� Use of deadly force.�
The use of deadly force in defense of personal property is not justified unless
justified under another provision of this chapter.

(cf: P.L.1987, c.120, s.2)

���� 5.��� (New section)� a.� A
person who is justified in using force under this chapter is immune from
criminal prosecution and civil action for the use of that force.

���� As used in this subsection,
"criminal prosecution" means arresting, detaining in custody, and
charging or prosecuting the actor; provided, however, a law enforcement agency
may use standard procedures for investigating the use of that force and, if it
determines that there is probable cause that the force so used was unlawful,
arrest, detain, and charge or prosecute, as appropriate.

���� b.��� A court of competent
jurisdiction shall award reasonable attorney's fees, court costs, compensation
for loss of income and all expenses incurred by the defendant in defense of any
civil action brought by a plaintiff if the court finds that the defendant is
immune from prosecution pursuant to subsection a. of this section.

���� 6.��� This act shall take
effect immediately.

STATEMENT

���� This bill, the "New
Jersey Right to Home Defense Law," authorizes a person to use force,
including deadly force, in those instances where the person reasonably fears
imminent peril of death or serious bodily harm from an intruder or attacker in
his home or residence.

���� The bill sets forth the
circumstances under which a person is presumed to have a reasonable fear of
imminent peril of death or serious bodily harm.� Those circumstance include
instances where a individual:� (1) is in the process of unlawfully and forcefully
entering a home or residence; (2) has unlawfully and forcibly entered a home or
residence; or (3) has removed, or is attempting to unlawfully remove another,
against that person's will, from a home or residence; or (4) when the actor
knows or reasonably believes that an unlawful and forcible entry is occurring
or has occurred; or (5) when the actor knows or reasonably believes that an
unlawful and forcible act is occurring or has occurred.

���� The bill clarifies that a
person presumed to have a reasonable fear of imminent peril of death or serious
bodily harm to himself or another in his home or residence has no duty to
retreat and is justified in using force, including deadly force, if he reasonably
believes it is necessary to do so to prevent death or serious bodily harm to
himself or another.

���� Finally, the bill provides
immunity, both criminal and civil, for any person who is justified in using
force.� Under the bill, the court is authorized to award reasonable attorney's
fees, court costs, compensation for loss of income and all expenses incurred by
a defendant who is wrongly subject to a civil action.