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MN HF356
Bill
Status
1/17/2023
Primary Sponsor
Lisa Demuth
Click for details
AI Summary
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Eliminates the common law duty to retreat when using self-defense outside the home; an individual may use all force necessary, including deadly force, and meet force with superior force when acting defensively.
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Expands the definition of "dwelling" to include buildings, overnight accommodations, curtilage, attached structures, motor vehicles, watercraft, motor homes, and tents that are temporarily or permanently occupied as a habitation.
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Creates a presumption that a person using deadly force has a reasonable belief of imminent threat if someone is unlawfully entering or has entered a dwelling or occupied vehicle by force or stealth, or is attempting to remove someone from the dwelling or vehicle.
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Extends self-defense rights available in a dwelling to a person defending their occupied vehicle against unlawful entry or removal attempts.
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Grants immunity from criminal prosecution to individuals who use force, including deadly force, in lawful self-defense or defense of another; shifts burden to the state to prove beyond reasonable doubt that the defendant's actions were not justifiable.
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Effective August 1, 2023, and applies to uses of deadly force occurring on or after that date.
Legislative Description
Law on use of force in defense of home and person clarified, self-defense and defense of home laws codified and extended, common law duty to retreat outside the home eliminated, boundaries of dwelling expanded, presumption created, and rights available to a person in that person's dwelling extended to others defending against forced entry.
Last Action
Author added Lawrence
4/24/2024