Stand Your Ground Laws: 50-State Survey

One of the main defenses to a charge of a violent crime is self-defense. This generally means that the defendant was justified in their actions if they reasonably believed that they faced an imminent threat of harm, and if their response was necessary and proportionate to the threat. Self-defense sometimes may justify the use of deadly force, potentially allowing a defendant to defeat a homicide charge.

Recently, the use of deadly force in self-defense has sparked fierce debate. Over half the states in the U.S. have adopted “stand your ground” laws. These generally allow a person to use deadly force in self-defense even if they could safely leave the confrontation instead, as long as they have a right to be in the place where the confrontation occurs. Courts in several other states have established a judicial version of the “stand your ground” rule.

Most of the remaining states still adhere to the traditional rule that there is a duty to retreat before using deadly force in self-defense. In other words, a defendant cannot use self-defense to defeat a homicide charge if they could have safely left the confrontation. However, these states usually provide exceptions when a confrontation occurs in the defendant’s home, and sometimes in their workplace.

The Federal Approach

In the 1921 case of Brown v. U.S., Justice Oliver Wendell Holmes, Jr. wrote for the U.S. Supreme Court in finding that the failure to retreat is a circumstance to be considered with others in order to determine whether the defendant went further than they were justified in doing. However, it is not a categorical proof of guilt.

This survey focuses on whether a state endorses “stand your ground” or the duty to retreat in the context of deadly force in self-defense. However, this area of the law contains many nuances. Someone who is suspected of a violent crime should consult a criminal lawyer who can develop a strategy to protect their rights.

Alabama Stand Your Ground Law

Alabama has a statutory stand your ground rule.

Code of Alabama Section 13A-3-23 describes situations in which a person may use force in defense of a person. The law provides that a person who is justified under this statute in using physical force, including deadly physical force, and who is not engaged in an unlawful activity and is in any place where they have the right to be has no duty to retreat and has the right to stand their ground.

Alaska Stand Your Ground Law

Alaska has a statutory stand your ground rule.

Alaska Statutes Section 11.81.335 describes situations in which a person is justified in using deadly force in self-defense. It technically provides that a person may not use deadly force if they know that they can avoid this necessity by leaving the area of the encounter with complete personal safety. However, the statute establishes that there is no duty to leave the area if the person is in any place where they have a right to be.

Alaska also explicitly extends a version of the stand your ground rule to certain justified uses of force in defense of property and premises under Section 11.81.350, which include some uses of deadly force.

Arizona Stand Your Ground Law

Arizona has a statutory stand your ground rule.

Arizona Revised Statutes Section 13-405 describes situations in which a person is justified in using deadly physical force in self-defense. It provides that a person has no duty to retreat before using deadly physical force under this law if the person is in a place where they may legally be, and they are not engaged in an unlawful act.

Arizona also explicitly extends a version of the stand your ground rule to certain justified uses of force in crime prevention (under Section 13-411) or in the defense of a residential structure or occupied vehicle (under Section 13-418), which include some uses of deadly force.

Arkansas Stand Your Ground Law

Arkansas has a statutory stand your ground rule.

Arkansas Code Section 5-2-607 describes situations in which a person is justified in using deadly physical force in defense of a person. It provides that a person is not required to retreat before using deadly physical force if they are lawfully present at the location where deadly physical force is used, and certain other requirements are met.

California Stand Your Ground Law

California has a judicial stand your ground rule.

In cases such as People v. Collins, California courts have found that a person has a right in self-defense to use the force necessary to repel an assault when they are justified in believing that an assailant intends to commit a felony on them. The person is not required to retreat but may stand their ground. They have a right in self-defense to repel the assault, even to the point of killing the assailant. (California criminal jury instructions also provide this rule.)

Colorado Stand Your Ground Law

Colorado has a judicial stand your ground rule.

In Idrogo v. People, the Colorado Supreme Court explicitly rejected the argument that there is a duty to retreat before using deadly force in self-defense. The Court noted that it has consistently affirmed that an innocent victim of an assault is not bound to retreat before using deadly force when the use of deadly force is reasonable under the circumstances.

Connecticut Stand Your Ground Law

Connecticut generally imposes a duty to retreat.

Connecticut General Statutes Section 53a-19 describes situations in which a person is justified in using physical force in defense of a person. It provides that a person is not justified in using deadly physical force if they know that they can avoid the necessity of using deadly force with complete safety by retreating, by surrendering possession of property to someone asserting a claim of right to it, or by complying with a demand to abstain from performing an act that they are not obliged to perform. However, there is no duty to retreat if the victim is in their dwelling or workplace and was not the initial aggressor.

Delaware Stand Your Ground Law

Delaware generally imposes a duty to retreat.

11 Delaware Code Section 464 describes situations in which the use of force is justifiable in self-protection. It provides that the use of deadly force is not justifiable if the defendant knows that the necessity of using deadly force can be avoided with complete safety by retreating, by surrendering possession of a thing to a person asserting a claim of right to it, or by complying with a demand that they abstain from performing an act that they are not legally obligated to perform. However, a person does not have a duty to retreat in or from their dwelling, or in or from their workplace, unless they were the initial aggressor.

Florida Stand Your Ground Law

Florida has a statutory stand your ground rule.

Florida Statutes Section 776.012 describes situations in which a person is justified in using force in defense of a person. Someone who uses deadly force in accordance with this law does not have a duty to retreat and has the right to stand their ground if they are not engaged in a criminal activity and are in a place where they have a right to be. Someone who uses non-deadly force in accordance with this law does not have a duty to retreat before using this force.

Florida also explicitly extends a version of the stand your ground rule to certain justified uses of force in defense of property under Section 776.031, which include some uses of deadly force.

Georgia Stand Your Ground Law

Georgia has a statutory stand your ground rule.

Georgia Code Section 16-3-23.1 provides that a person who uses force in accordance with the statutes involving the use of force in defense of self or others (Section 16-3-21), the use of force in defense of a habitation (Section 16-3-23), or the use of force in defense of property other than a habitation (Section 16-3-24) has no duty to retreat. They have a right to stand their ground and use force as permitted by these statutes, including deadly force.

Hawaii Stand Your Ground Law

Hawaii generally imposes a duty to retreat.

Hawaii Revised Statutes Section 703-304 describes situations in which the use of force is justifiable in self-protection. It provides that deadly force is not justifiable if the person knows that they can avoid the necessity of using deadly force with complete safety by retreating, surrendering possession of a thing to a person asserting a claim of right to it, or complying with a demand to abstain from an action that they have no duty to take. However, a person is not obliged to retreat from their dwelling or workplace, unless they were the initial aggressor or are assailed in the workplace by someone whose workplace the person knows it to be.

Idaho Stand Your Ground Law

Idaho has a statutory stand your ground rule.

Idaho Code Section 19-202A provides that someone who is exercising the right of self-defense or defense of others does not need to retreat from any place where that person has a right to be. They may stand their ground and defend themselves (or someone else) by the use of all force and means that would appear to be necessary to a reasonable person in a similar situation and with similar knowledge without the benefit of hindsight.

Illinois Stand Your Ground Law

Illinois has a judicial stand your ground rule.

In People v. McGraw, the Illinois Supreme Court explained that a person who is unlawfully assaulted by someone else and put in apparent danger of their life or great bodily harm while they are in a place where they have a lawful right to be does not need to attempt to escape. They may lawfully stand their ground and meet force with force, even if this involves killing the assailant, when this is necessary or apparently necessary to save their own life or prevent great bodily harm.

Indiana Stand Your Ground Law

Indiana has a statutory stand your ground rule.

Indiana Code Section 35-41-3-2 provides that a person is justified in using deadly force and does not have a duty to retreat if the person reasonably believes that deadly force is necessary to prevent serious bodily injury to a third person or them, or the commission of a forcible felony.

The statute also explicitly extends a version of the stand your ground rule to certain situations involving an intrusion into a person’s dwelling, curtilage (the area immediately surrounding the dwelling), or occupied vehicle, as well as aircraft hijacking.

Iowa Stand Your Ground Law

Iowa has a statutory stand your ground rule.

Iowa Code Section 704.1 provides that a person who is not engaged in illegal activity has no duty to retreat from any place where they are lawfully present before using force as specified in the statutes discussing reasonable or deadly force. The statute also describes situations in which reasonable force can include deadly force.

Kansas Stand Your Ground Law

Kansas has a statutory stand your ground rule.

Kansas Statutes Section 21-5222 describes situations in which a person is justified in the use of force, including deadly force, in defense of a person. It notes that a person is not required to retreat if they are using force in self-defense or defense of others. Section 21-5230 further provides that a person who is not engaged in an unlawful activity and who is attacked in a place where they have a right to be has no duty to retreat. They have the right to stand their ground and use any force that they would be justified in using under various Kansas laws.

Kentucky Stand Your Ground Law

Kentucky has a statutory stand your ground rule.

Kentucky Revised Statutes Section 503.050 describes situations in which the use of force, including deadly force, in self-protection is justifiable. It provides that a person does not have a duty to retreat prior to the use of deadly force. Furthermore, Section 503.055 provides that a person who is not engaged in an unlawful activity and who is attacked in any place where they have a right to be has no duty to retreat and has the right to stand their ground and meet force with force, including deadly force, if the person reasonably believes that this is necessary to prevent death or great bodily harm to someone else or them, or to prevent the commission of a felony involving the use of force.

Kentucky also explicitly extends a version of the stand your ground rule to certain justified uses of force in protection of someone else (under Section 503.070) or in protection of property (under Section 503.080), which include some uses of deadly force.

Louisiana Stand Your Ground Law

Louisiana has a statutory stand your ground rule.

Louisiana Revised Statutes Section 14:20 describes situations in which a homicide is justifiable. It provides that a person who is not engaged in unlawful activity and who is in a place where they have a right to be has no duty to retreat before using deadly force as provided in the statute. They may stand their ground and meet force with force. A judge or jury must not consider the possibility of retreat as a factor in determining whether the person who used deadly force had a reasonable belief that this was reasonable and apparently necessary.

Louisiana also explicitly extends a version of the stand your ground rule to certain justified uses of non-deadly force, which Section 14:19 describes.

Maine Stand Your Ground Law

Maine generally imposes a duty to retreat.

17-A Maine Revised Statutes Section 108 describes situations in which a person is justified in using force in defense of a person. In general, a person cannot use deadly force if they know that they can safely retreat from the encounter, surrender property to someone asserting a colorable claim of right to it, or comply with a demand that they abstain from performing an act that they are not obliged to perform. However, they are not required to retreat if they are in their dwelling and were not the initial aggressor, or in certain circumstances involving a threat of bodily injury posed by a trespasser in a dwelling.

Maryland Stand Your Ground Law

Maryland generally imposes a duty to retreat.

In cases such as Burch v. State, the Maryland Supreme Court (formerly the Maryland Court of Appeals) has noted that an element of self-defense is the duty of the defendant to retreat or avoid danger if this is within their power and consistent with their safety. However, a person faced with the danger of an attack on their dwelling does not need to retreat from their home to escape the danger. They may stand their ground and may kill the attacker if necessary to repel the attack.

Massachusetts Stand Your Ground Law

Massachusetts generally imposes a duty to retreat.

In Commonwealth v. Lapointe, the Massachusetts Supreme Judicial Court approved a jury instruction explaining that the right to use deadly force in self-defense is not available until a person has made use of all reasonable and proper means in the circumstances to avoid combat. This applies even if someone is assaulted or threatened in their home by a lawful visitor. (Massachusetts General Laws Chapter 278 Section 8a provides that an occupant of a dwelling has no duty to retreat from a person who is unlawfully in the dwelling before using force, including deadly force, when it is justified under this law.)

Michigan Stand Your Ground Law

Michigan has a statutory stand your ground rule.

Michigan Compiled Laws Section 780.972 provides that someone who is not committing a crime (and has not committed a crime) when they use deadly force may use this force against another person wherever they have a legal right to be with no duty to retreat in certain situations described by the law. These are when the person honestly and reasonably believes that the use of deadly force is necessary to prevent imminent death or great bodily harm to someone else or them, or to prevent an imminent sexual assault of someone else or them.

The statute also provides that a person who is not committing a crime (and has not committed a crime) when they use non-deadly force may use this force against another person wherever they have a legal right to be with no duty to retreat if they honestly and reasonably believe that the use of this force is necessary to defend someone else or them from the imminent unlawful use of force by another person.

Minnesota Stand Your Ground Law

Minnesota generally imposes a duty to retreat.

In State v. Carothers, the Minnesota Supreme Court explained that someone who kills someone else in self-defense must have attempted to retreat if reasonably possible. However, there is no duty to retreat in defense of dwelling situations, or when these circumstances are characterized as self-defense in the home.

Mississippi Stand Your Ground Law

Mississippi has a statutory stand your ground rule.

Mississippi Code Section 97-3-15 describes situations in which a homicide is justifiable. When it is justifiable based on grounds such as self-defense or defense of others, a person who is not the initial aggressor and is not engaged in unlawful activity has no duty to retreat before using deadly force if the person is in a place where they have a right to be. A judge or jury must not consider their failure to retreat as evidence that their use of force was unnecessary, excessive, or unreasonable.

Missouri Stand Your Ground Law

Missouri has a statutory stand your ground rule.

Missouri Revised Statutes Section 563.031 describes situations in which a person is justified in using force, including deadly force, in defense of a person. It provides that a person does not have a duty to retreat if they are in any location where they have the right to be.

Montana Stand Your Ground Law

Montana has a statutory stand your ground rule.

Montana Code Section 45-3-110 provides that a person who is lawfully in a place or location and who is threatened with bodily injury or loss of life generally has no duty to retreat from a threat or summon law enforcement assistance prior to using force (including deadly force) when it is justified under various Montana laws.

Nebraska Stand Your Ground Law

Nebraska generally imposes a duty to retreat.

Nebraska Revised Statutes Section 28-1409 describes situations in which the use of force is justifiable in self-protection. It provides that the use of deadly force is not justifiable if the person knows that they can avoid the necessity of using deadly force with complete safety by retreating, surrendering possession of a thing to a person asserting a claim of right to it, or complying with a demand that they abstain from an action that they have no duty to take. However, they are not obliged to retreat from their dwelling or workplace, unless they were the initial aggressor or are attacked in their workplace by another person whose workplace they know it to be.

Nebraska also explicitly extends a version of the duty to retreat to situations involving the use of force for the protection of other people, which Section 28-1410 describes.

Nevada Stand Your Ground Law

Nevada has a statutory stand your ground rule.

Nevada Revised Statutes Section 200.120 describes situations in which a homicide is justifiable. It provides that a person is not required to retreat before using deadly force as permitted under this law if they are not the original aggressor, they have a right to be present at the location where deadly force is used, and they are not actively engaged in conduct furthering criminal activity when deadly force is used.

New Hampshire Stand Your Ground Law

New Hampshire has a statutory stand your ground rule.

New Hampshire Revised Statutes Section 627:4 describes situations in which a person is justified in using force, including deadly force, in defense of a person. It technically provides that a person is not justified in using deadly force if they know that they (and the person defended, if different) can with complete safety retreat from the encounter, surrender property to a person asserting a claim of right to it, or comply with a demand that they abstain from performing an act that they are not obliged to perform. However, the statute provides that a person is not required to retreat if they are anywhere that they have a right to be and were not the initial aggressor.

New Jersey Stand Your Ground Law

New Jersey generally imposes a duty to retreat.

New Jersey Revised Statutes Section 2C:3-4 describes situations in which the use of force is justifiable in self-protection. It provides that the use of deadly force is not justifiable if the person knows that they can avoid the necessity of using this force with complete safety by retreating, surrendering possession of a thing to a person asserting a claim of right to it, or complying with a demand that they abstain from an action that they have no duty to take. However, they are not obliged to retreat from their dwelling, unless they were the initial aggressor.

New Mexico Stand Your Ground Law

New Mexico has a judicial stand your ground rule.

In State v. Anderson, the New Mexico Court of Appeals affirmed that a person who is threatened with an attack does not need to retreat. They may stand their ground and defend themselves. (New Mexico Uniform Jury Instruction 14-5190 also provides this rule.)

New York Stand Your Ground Law

New York generally imposes a duty to retreat.

New York Penal Law Section 35.15 describes situations in which a person may use physical force in defense of a person. In most situations, a person may not use deadly physical force if they know that they can avoid the necessity of using this force with complete personal safety by retreating. However, there is no duty to retreat if the person is in their dwelling and not the initial aggressor. The statutory duty to retreat also does not apply if a person reasonably believes that another person is committing or attempting to commit a kidnapping, forcible rape, forcible criminal sexual act, or robbery, or if they reasonably believe that another person is committing or attempting to commit a burglary under certain limited circumstances.

North Carolina Stand Your Ground Law

North Carolina has a statutory stand your ground rule.

North Carolina General Statutes Section 14-51.3 provides that a person is justified in the use of deadly force and does not have a duty to retreat in any place where they have the lawful right to be if they reasonably believe that this force is necessary to prevent imminent death or great bodily harm to a person, or in certain circumstances permitted by Section 14-51.2. That statute, which addresses the protection of a home, workplace, or motor vehicle, also contains a version of the stand your ground rule.

North Dakota Stand Your Ground Law

North Dakota has a statutory stand your ground rule.

North Dakota Century Code Section 12.1-05-07 explains when deadly force is justified. It technically provides that the use of deadly force is generally not justified in self-defense or defense of others if it can be avoided with safety by retreat or other conduct involving minimal interference with the freedom of the person under threat. However, the law provides that a person who is not engaged in an unlawful activity that gives rise to the need for deadly force, and who has not provoked the person against whom the deadly force is used, generally is not required to retreat within or from any place where the person otherwise is legally allowed to be.

Ohio Stand Your Ground Law

Ohio has a statutory stand your ground rule.

Ohio Revised Code Section 2901.09 provides that a person has no duty to retreat before using force in self-defense, defense of others, or defense of their residence if they are in a place where they lawfully have a right to be. Moreover, a judge or jury must not consider the possibility of retreat as a factor in determining whether the person reasonably believed that the force was necessary.

Oklahoma Stand Your Ground Law

Oklahoma has a statutory stand your ground rule.

21 Oklahoma Statutes Section 1289.25 generally provides that a person who is not engaged in an unlawful activity and who is attacked in any place where they have a right to be has no duty to retreat and has the right to stand their ground and meet force with force, including deadly force, if they reasonably believe that this is necessary to prevent death or great bodily harm to any person, or to prevent the commission of a forcible felony.

Oregon Stand Your Ground Law

Oregon has a judicial stand your ground rule.

In State v. Sandoval, the Oregon Supreme Court held that the legislature did not intend the statute limiting the justifiable use of deadly physical force (Oregon Revised Statutes Section 161.219) to require a person to retreat before using deadly force to defend against the imminent use of deadly physical force by someone else.

Pennsylvania Stand Your Ground Law

Pennsylvania has a statutory stand your ground rule, as long as the aggressor is using a lethal weapon.

18 Pennsylvania Consolidated Statutes Section 505 technically provides that the use of deadly force in self-protection is not justifiable if a person knows that they can avoid the necessity of using this force with complete safety by retreating. However, the law also provides that a person who is not engaged in a criminal activity, is not in illegal possession of a firearm, and is attacked in any place where they would have a duty to retreat does not have a duty to retreat and has the right to stand their ground and use force, including deadly force, if they have a right to be in the place where they were attacked, they believe that this is immediately necessary to protect them against death, serious bodily injury, kidnapping, or forcible sexual intercourse, and the person against whom the force is used displays or otherwise uses a firearm or another lethal weapon.

(There is no duty to retreat at a person’s dwelling or workplace, unless they were the initial aggressor or are attacked in their workplace by someone whose workplace they know it to be.)

Pennsylvania also explicitly extends a version of the stand your ground rule to certain justified uses of force for the protection of other people, which Section 506 describes.

Rhode Island Stand Your Ground Law

Rhode Island generally imposes a duty to retreat.

In cases such as State v. Guerrero, the Rhode Island Supreme Court has explained that a person who believes that they are threatened by someone else generally must attempt to retreat before using deadly force if they are consciously aware of an open, safe, and available avenue of escape. However, the Court has ruled in cases such as State v. Walton that there is no duty to retreat in the home if a person is attacked by an intruder or trespasser, or by someone who initially entered as a guest but became a trespasser by remaining after being told to leave.

South Carolina Stand Your Ground Law

South Carolina has a statutory stand your ground rule.

South Carolina Code of Laws Section 16-11-440 generally provides that a person who is not engaged in an unlawful activity and who is attacked in a place where they have a right to be has no duty to retreat. They have the right to stand their ground and meet force with force, including deadly force, if they reasonably believe that this is necessary to prevent death or great bodily injury to a person, or to prevent the commission of a violent crime.

South Dakota Stand Your Ground Law

South Dakota has a statutory stand your ground rule.

South Dakota Codified Laws Section 22-18-4.1 provides that a person who uses deadly force in accordance with that statute, which covers certain situations involving defense of a person, does not have a duty to retreat. They have the right to stand their ground if they are not engaged in a criminal activity and in a place where they have a right to be.

South Dakota also explicitly extends a version of the stand your ground rule to certain justified uses of non-deadly force in defense of a person, as Section 22-18-4 describes.

Tennessee Stand Your Ground Law

Tennessee has a statutory stand your ground rule.

Tennessee Code Section 39-11-611, which covers self-defense, provides that a person who is not engaged in unlawful activity and is in a place where they have a right to be has no duty to retreat before using force intended or likely to cause death or serious bodily injury if certain circumstances are present. The person must have a reasonable belief that there is an imminent danger of death or serious bodily injury, the danger creating this belief must be real or honestly believed at the time, and the belief must be founded on reasonable grounds.

More generally, a person who is not engaged in unlawful activity and is in a place where they have a right to be has no duty to retreat before using force when they reasonably believe that this is immediately necessary to protect against the other person’s use or attempted use of unlawful force.

Texas Stand Your Ground Law

Texas has a statutory stand your ground rule.

Texas Penal Code Section 9.32 describes situations in which a person is justified in using deadly force in defense of a person. It provides that a person who has a right to be present at the location where the deadly force is used, has not provoked the person against whom the deadly force is used, and is not engaged in criminal activity when the deadly force is used is not required to retreat before using deadly force as described by that statute.

Texas also explicitly includes a version of the stand your ground rule in Section 9.31, which describes self-defense more generally.

Utah Stand Your Ground Law

Utah has a statutory stand your ground rule.

Utah Code Section 76-2-402 addresses the use of force in defense of a person, including deadly force. It provides that a person generally does not have a duty to retreat in a place where they have lawfully entered or remained. Moreover, the failure of a person to retreat is not a relevant factor in determining whether a person who used force acted reasonably.

Vermont Stand Your Ground Law

Vermont has a judicial stand your ground rule.

In State v. Hatcher, the Vermont Supreme Court approved a jury instruction that a person is not required to retreat if they honestly and reasonably believe that it is immediately necessary to use deadly force to protect themselves from an imminent threat of death or bodily injury. The Vermont Model Criminal Jury Instructions now include this rule.

Virginia Stand Your Ground Law

Virginia has a judicial stand your ground rule.

In cases such as Foote v. Commonwealth, Virginia courts have ruled that a person does not need to retreat when they are completely without fault. They are permitted to stand their ground and repel an attack by force, including deadly force, if it is necessary.

Washington Stand Your Ground Law

Washington has a judicial stand your ground rule.

In cases such as State v. Redmond, the Washington Supreme Court has found that there is no duty to retreat when a person is assaulted in a place where they have a right to be. The Washington Pattern Jury Instructions on justifiable homicide also take this approach.

Washington, D.C. Stand Your Ground Law

Washington, D.C. does not strictly impose a duty to retreat, but the issue of retreat may be relevant more generally.

In Gillis v. U.S., the District of Columbia Court of Appeals noted that this jurisdiction has sought to reach a middle ground between the two extremes of the right to stand and kill and the duty to “retreat to the wall” before killing. It approved a jury instruction as correctly stating the law of Washington, D.C. when it did not impose a duty to retreat but allowed a failure to retreat, together with all the other circumstances, to be considered by the jury in determining if there was a case of true self-defense.

West Virginia Stand Your Ground Law

West Virginia has a statutory stand your ground rule.

West Virginia Code Section 55-7-22 provides that someone who is not engaged in unlawful activity and who is attacked in any place where they have a legal right to be outside their home or residence may use reasonable and proportionate force against an intruder or attacker. More specifically, they may use deadly force against an intruder or attacker in a place that is not their residence without a duty to retreat if they reasonably believe that a person is in imminent danger of death or serious bodily harm, from which they can only be saved by the use of deadly force against the intruder or attacker.

(The statute also explicitly provides that a lawful occupant in a home or other place of residence does not have a duty to retreat from an intruder or attacker under circumstances described in the statute.)

Wisconsin Stand Your Ground Law

Wisconsin does not strictly impose a duty to retreat, but the issue of retreat may be relevant more generally.

Wisconsin Criminal Jury Instruction 810, which applies to self-defense, provides that there is no duty to retreat. However, in determining whether the defendant reasonably believed that the amount of force used was necessary, the jury may consider whether the defendant had the opportunity to retreat with safety, whether this retreat was feasible, and whether the defendant knew of the opportunity to retreat. The instruction applies to both deadly and non-deadly force cases. In State v. Wenger, the Wisconsin Court of Appeals appeared to approve this instruction, noting that retreat goes to the reasonableness of the defendant’s conduct.

Wisconsin Statutes Section 939.48 describes certain situations involving a person’s dwelling, vehicle, or place of business in which a court may not consider whether the person had an opportunity to flee or retreat before using deadly force.

Wyoming

Wyoming has a statutory stand your ground rule.

Wyoming Statutes Section 6-2-602, which covers self-defense, provides that the use of defensive force is reasonable when it is the defensive force that a reasonable person in similar circumstances would consider necessary to prevent an injury or loss, including deadly force if this is necessary to prevent imminent death or serious bodily injury to the person using the deadly force or someone else. A person who is attacked in any place where they are lawfully present does not have a duty to retreat before using reasonable defensive force as described above, provided that they are not the initial aggressor and are not engaged in illegal activity.

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