Stand Your Ground Act of 2021

Stand Your Ground Act of 2021

This bill establishes affirmative defenses for individuals who use (or threaten or attempt to use) force in the commission of certain federal criminal violations.

First, an individual is justified in using (or threatening or attempting to use) non-deadly force if the individual reasonably believes it is necessary to defend against an imminent use of unlawful force. An individual who uses or threatens to use non-deadly force in accordance with this affirmative defense does not have a duty to retreat before using or threatening to use such force.

Second, an individual is justified in using (or threatening or attempting to use) deadly force if the individual reasonably believes it is necessary to prevent imminent death or great bodily harm or to prevent the imminent commission of a forcible felony. An individual who uses, threatens, or attempts to use deadly force in accordance with this affirmative defense does not have a duty to retreat and has the right to stand his or her ground so long as the individual is not engaged in a criminal activity and is in a place where he or she has a right to be.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6248 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 6248

   To amend title 18, United States Code, to provide an affirmative 
    defense for certain criminal violations, and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                           December 13, 2021

    Mr. Gaetz (for himself, Mr. Gohmert, Mr. Steube, Mrs. Greene of 
Georgia, Mr. Gosar, Mr. Mullin, and Mr. Weber of Texas) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend title 18, United States Code, to provide an affirmative 
    defense for certain criminal violations, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stand Your Ground Act of 2021''.

SEC. 2. CERTAIN AFFIRMATIVE DEFENSES.

    (a) Affirmative Defense.--Part I of title 18, United States Code, 
is amended by adding at the end the following new chapter:

                  ``CHAPTER 124--AFFIRMATIVE DEFENSES

``SEC. 2730. AFFIRMATIVE DEFENSE FOR CERTAIN CRIMINAL VIOLATIONS.

    ``(a) Use or Threatened Use of Force in Defense of Person.--It 
shall be an affirmative defense to a violation of this title if:
            ``(1) A person is justified in using, threatening, or 
        attempting to use force, except deadly force, against another 
        when and to the extent that the person reasonably believes that 
        such conduct is necessary to defend himself or herself or 
        another against an agressor's imminent use of unlawful force. A 
        person who uses or threatens to use force in accordance with 
        this paragraph does not have a duty to retreat before using or 
        threatening to use such force.
            ``(2) A person is justified in using, threatening, or 
        attempting to use deadly force if he or she reasonably believes 
        that using, threatening, or attempting to use such force is 
        necessary to prevent imminent death or great bodily harm to 
        himself or herself or another or to prevent the imminent 
        commission of a forcible felony. A person who uses, threatens, 
        or attempts to use deadly force in accordance with this 
        paragraph does not have a duty to retreat and has the right to 
        stand his or her ground if the person using, threatening, or 
        attempts to use the deadly force is not engaged in a criminal 
        activity and is in a place where he or she has a right to be.
    ``(b) Definitions.--In this section:
            ``(1) Duty to retreat.--The term `duty to retreat' means 
        that if a person is under attack, he or she should first seek 
        retreat as the preferred alternative to using force to act in 
        self-defense.
            ``(2) Forcible felony.--The term `forcible felony' includes 
        treason, murder, manslaughter, sexual battery, carjacking, 
        home-invasion robbery, robbery, burglary, arson, kidnapping, 
        aggravated assault, aggravated battery, aggravated stalking, 
        aircraft piracy, unlawful throwing, placing, or discharging of 
        a destructive device or bomb, and any other felony which 
        involves the use or threat of physical force or violence 
        against any individual.
            ``(3) Stand your ground.--The term `stand your ground' 
        means the allowance of an individual to defend himself or 
        herself by any means necessary when his or her life is 
        threatened.''.
    (b) Effective Date; Applicability.--The amendments made under 
subsection (a) shall take effect on the date of the enactment of this 
Act and may be used as an affirmative defense by a defendant in the 
prosecution of a criminal offense initiated after the date of the 
enactment of this Act.
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