AR HB1059

Amends Arkansas Code § 5-2-606 to allow initial aggressors to use physical force in self-defense if they withdraw in good faith from the encounter and effectively communicate their intent to withdraw, provided the other person continues or threatens to continue unlawful force.

Changes Arkansas Code § 5-2-607 to make the use of deadly physical force an affirmative defense to prosecution rather than an initial justification, when a person reasonably believes another is committing a felony involving force, using unlawful deadly physical force, or imminently endangering their life through domestic abuse.

Modifies retreat requirements for deadly force by specifying a person cannot use deadly force in self-defense if they can avoid the necessity with total and complete safety by retreating, except when unable to retreat safely, in their dwelling or curtilage as a non-original aggressor, or assisting law enforcement.

Adds affirmative defense conditions for deadly force use: the person reasonably believed their life was in imminent danger, was lawfully present, did not provoke the other person, and was not engaged in criminal activity that gave rise to the need for deadly force.

Defines "curtilage" as land adjoining a dwelling used for residential purposes, including connected outbuildings, and defines "domestic abuse" as physical harm, assault, fear of imminent harm, or criminal sexual conduct between family or household members.