Castle doctrine.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0137

ENROLLED ACT NO. 59, HOUSE OF REPRESENTATIVES

FIFTY-NINTH LEGISLATURE OF THE STATE OF
WYOMING
2008 BUDGET SESSION

AN ACT relating to crimes and offenses; providing immunity from civil action for using deadly force as specified; allowing for the use of physical or deadly force under specified circumstances in defending a person, premises, property or in response to the commission of a crime; providing definitions; providing for conforming amendments; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 6
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1
‑
204, 6
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2
‑
601 and 6
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2
‑
602 are created to read:

6
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1
‑
204.

Immunity from civil action for justifiable use of force.

Except as provided by W.S. 6
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1
‑
103(a), a
person who uses force
as reasonably necessary in defense of his person, property or abode or to prevent injury to another
is immune from civil action for the use of
the
force
.

ARTICLE 6
JUSTIFICATION

6
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2
‑
601.

Applicability of article.

The common law shall govern in all cases not governed by this article.

6
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2
‑
602.

Use of force in self defense.

(a)

A person is presumed to have held a reasonable fear of imminent peril of death or serious bodily injury to himself or another when using defensive force that is intended or likely to cause death or serious bodily injury to another if:

(i)

The
intruder
against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered,
another's home or habitation
or
,
if that
intruder
had removed or was attempting to remove another against his will from
his home or habitation;
and

(ii)

The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring
.

(b)

The presumption set forth in subsection (a) of this section does not apply if:

(i)

The person against whom the defensive force is used has a right to be in or is a lawful resident of the occupied structure, such as an owner, lessee or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person;

(ii)

The person sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used;
or

(i
ii
)

The person against whom the defensive force is used is a peace officer who enters or attempts to enter
another's home or habitation
in the performance of his official duties.

(
c
)

A person who unlawfully and by force enters or attempts to enter
another's home or habitation
is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

Section 2.

W.S. 6
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2
‑
504(b) is amended to read:

6
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2
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504.

Reckless endangering; penalty.

(b)

Any person who knowingly points a firearm at or in the direction of another, whether or not the person believes the firearm is loaded, is guilty of reckless endangering unless reasonably necessary in defense of his person, property or abode or to prevent serious bodily injury to another
or as provided for under W.S. 6
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2
‑
602
.

Section 3.

This act is effective July 1, 2008.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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