REFERENCE TITLE: justification; deadly physical force; exceptions




State of Arizona


Fifty-first Legislature

Second Regular Session




SB 1437


Introduced by

Senator Gallardo





amending section 13‑405, Arizona Revised Statutes; relating to justification.





Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 13-405, Arizona Revised Statutes, is amended to read:

START_STATUTE13-405.  Justification; use of deadly physical force; duty to retreat

A.  A person is justified in threatening or using deadly physical force against another:

1.  If such the person would be justified in threatening or using physical force against the other under section 13‑404, and

2.  When and to the degree a reasonable person would believe that deadly physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful deadly physical force.

B.  A person has no duty to retreat before threatening or using deadly physical force pursuant to this section if the person is in a place where the person may legally be and is not engaged in an unlawful act.  this subsection does not apply to a person who either:

1.  Leaves a place of safety and, under circumstances that a reasonable person would know could lead to a confrontation, actively pursues the other person who is engaged in a lawful activity.

2.  Pursues the other person after a law enforcement officer requests that the person retreat to a place of safety. END_STATUTE