Castle doctrine is an important concept in modern self-defense law. Although rarely called as such by name in state statutes, the working concept of such laws is that a person’s home is their “castle,” and that they should have every right and expectation to safety while within their own home.

Accordingly, if attacked inside their own home, or place of business, the law should support a defender who acts reasonably in such circumstances.

Castle doctrine laws have been popular for a while, and thankfully are becoming increasingly popular.

Indiana is one such state with solid castle doctrine laws, and although their laws are lengthy and seem somewhat circuitous in places they do come down firmly on the side of the civilian defender and case precedent supports this.

This article will tell you everything you need to know about Indiana’s castle doctrine statutes, and make sure you stick around to read the exact text of the laws at the end.

Fast Facts

• Indiana state law explicitly justifies the use of deadly force to halt any attack upon or attempted entry into a person’s home, occupied dwelling, or occupied vehicle.
• However, lethal force is only justified in the above circumstances if it is necessary to halt the attack or attempted entry at the instant.
• Indiana state law further justifies the use of lethal force in self-defense of oneself or any other person so long as it is done with the reasonable belief that such force is necessary to prevent death or great bodily injury.
• Lethal force is also justified under the law if it is employed to prevent the ongoing or imminent commission of certain forcible felonies.

Overview of Castle Doctrine Law in Indiana

If you can overlook the fact that Indiana state statutes seem to repeat themselves in various sections with only minor variations, the crux is easy enough even for a lay person to understand.

And repetition or not, it is a good thing that laws concerning self-defense are absolutely clear and unambiguous.

In broad strokes, Indiana’s castle doctrine justifies the use of force in self-defense, including lethal force, on behalf of yourself or another person if you are in your home, other occupied dwellings, occupied vehicle, or place of business so long as the level of force used is proportional and necessary to stop the threat of death or great bodily injury.

Most notably, Indiana law clearly states that lethal force may be used to stop the attempted or ongoing forcible entry of any of the occupied structures above or occupied vehicles but only if the force is imminently necessary to halt the entry.

Furthermore, lethal force may be used to stop various forcible felonies or the imminent commission of forcible felonies such as burglary, robbery, rape, arson, and so forth.

Said another way, so long as lethal force is required to protect yourself or someone else from a criminal’s unlawful use of lethal force against you or unlawful use of force to gain entrance to your occupied home or vehicle then you will be justified under Indiana law.

Restrictions

Indiana law is very specific regarding when lethal force in particular and force in general in self-defense is not justified. Lethal force is never justified in defense of any unoccupied dwelling or other structure or unoccupied vehicle.

Additionally, you may never claim self-defense and particularly may never utilize lethal force in defense if you are the initial aggressor in any confrontation, joined a combat by agreement or are occupying any place illegally or are furthering the commission of any crime while in a place that you can be legally.

In short, if you’re a bad person doing bad things or illegally occupying a structure or vehicle you may never make a claim of self-defense when resorting to force.

Assessment

Indiana, despite being middle of the road in many respects, is still a state that is staunchly on the side of the citizen when it comes to self-defense matters.

However, the law is quite strict regarding the use of force in any encounter where one might be said to be the initial aggressor or a voluntary participant.

So long as you are minding your own business and not committing any other crime while in your home, place of business or occupied vehicle you can generally depend on the law to back you up if you are forced to defend yourself in the state.

Relevant Indiana Castle Doctrine Statutes

Criminal Law and Procedure Section 35-41-3-2

Sec. 2 . (a) In enacting this section, the general assembly finds and declares that it is the policy of this state to recognize the unique character of a citizen’s home and to ensure that a citizen feels secure in his or her own home against unlawful intrusion by another individual or a public servant.  By reaffirming the long standing right of a citizen to protect his or her home against unlawful intrusion, however, the general assembly does not intend to diminish in any way the other robust self defense rights that citizens of this state have always enjoyed.  Accordingly, the general assembly also finds and declares that it is the policy of this state that people have a right to defend themselves and third parties from physical harm and crime.  The purpose of this section is to provide the citizens of this state with a lawful means of carrying out this policy.

(b) As used in this section, “public servant” means a person described in IC 35-31.5-2-129 or IC 35-31.5-2-185 .

(c) A person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force.  However, a person:

(1) is justified in using deadly force;  and

(2) does not have a duty to retreat;

if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony.  No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.

(d) A person:

(1) is justified in using reasonable force, including deadly force, against any other person;  and

(2) does not have a duty to retreat;

if the person reasonably believes that the force is necessary to prevent or terminate the other person’s unlawful entry of or attack on the person’s dwelling, curtilage, or occupied motor vehicle.

(e) With respect to property other than a dwelling, curtilage, or an occupied motor vehicle, a person is justified in using reasonable force against any other person if the person reasonably believes that the force is necessary to immediately prevent or terminate the other person’s trespass on or criminal interference with property lawfully in the person’s possession, lawfully in possession of a member of the person’s immediate family, or belonging to a person whose property the person has authority to protect.  However, a person:

(1) is justified in using deadly force;  and

(2) does not have a duty to retreat;

only if that force is justified under subsection (c).

(…)

(g) Notwithstanding subsections (c) through (e), a person is not justified in using force if:

(1) the person is committing or is escaping after the commission of a crime;

(2) the person provokes unlawful action by another person with intent to cause bodily injury to the other person;  or

(3) the person has entered into combat with another person or is the initial aggressor unless the person withdraws from the encounter and communicates to the other person the intent to do so and the other person nevertheless continues or threatens to continue unlawful action.

(h) Notwithstanding subsection (f), a person is not justified in using force if the person:

(1) is committing, or is escaping after the commission of, a crime;

(2) provokes unlawful action by another person, with intent to cause bodily injury to the other person;  or

(3) continues to combat another person after the other person withdraws from the encounter and communicates the other person’s intent to stop hijacking, attempting to hijack, or otherwise seizing or attempting to seize unlawful control of an aircraft in flight.

(i) A person is justified in using reasonable force against a public servant if the person reasonably believes the force is necessary to:

(1) protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force;

(2) prevent or terminate the public servant’s unlawful entry of or attack on the person’s dwelling, curtilage, or occupied motor vehicle;  or

(3) prevent or terminate the public servant’s unlawful trespass on or criminal interference with property lawfully in the person’s possession, lawfully in possession of a member of the person’s immediate family, or belonging to a person whose property the person has authority to protect.

(j) Notwithstanding subsection (i), a person is not justified in using force against a public servant if:

(1) the person is committing or is escaping after the commission of a crime;

(2) the person provokes action by the public servant with intent to cause bodily injury to the public servant;

(3) the person has entered into combat with the public servant or is the initial aggressor, unless the person withdraws from the encounter and communicates to the public servant the intent to do so and the public servant nevertheless continues or threatens to continue unlawful action;  or

(4) the person reasonably believes the public servant is:

(A) acting lawfully;  or

(B) engaged in the lawful execution of the public servant’s official duties.

(k) A person is not justified in using deadly force against a public servant whom the person knows or reasonably should know is a public servant unless:

(1) the person reasonably believes that the public servant is:

(A) acting unlawfully;  or

(B) not engaged in the execution of the public servant’s official duties;  and

(2) the force is reasonably necessary to prevent serious bodily injury to the person or a third person.

The post Castle Doctrine Law: Indiana appeared first on Survival Sullivan.

By: Tom Marlowe
Title: Castle Doctrine Law: Indiana
Sourced From: www.survivalsullivan.com/castle-doctrine-law-indiana/
Published Date: Fri, 28 Oct 2022 16:00:00 +0000

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