HB 3442
Relating to deadly force
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill, HB 3442, modifies West Virginia law regarding the use of deadly force in self-defense. It expands the circumstances under which a person can use deadly force, particularly within their home or curtilage, to protect themselves, their property, or others from imminent harm or a felony crime. The bill removes the duty to retreat in certain situations and provides a complete defense from civil and criminal prosecution for individuals who lawfully use force in self-defense, with specific exceptions related to initiating conflict or creating dangerous conditions.
Key provisions
- Expands the circumstances under which deadly force can be used in defense of self, property, or others within a residence or curtilage.
- Removes the duty to retreat in certain defensive situations.
- Provides a complete defense from civil and criminal prosecution for lawful use of force in self-defense.
- Allows for the recovery of attorney’s fees and court costs for those successfully defending against civil actions based on justifiable use of force.
- Clarifies the definition of ‘curtilage’ and excludes common areas shared between residences.
- Addresses the use of deadly force to protect a third person.
- Specifies exceptions to the defense, including initiating conflict or creating dangerous conditions.
- Provides a defense for individuals acquitted of criminal charges due to justifiable use of force.
Who is affected
- Homeowners
- Residents of West Virginia
- Law enforcement officers
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