Stand Your Ground Act of 2021

To amend title 18, United States Code, to provide an affirmative defense for certain criminal violations, and for other purposes. 1. Short title This Act may be cited as the Stand Your Ground Act of 2021 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: 124 Affirmative defenses 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 (2) Forcible felony The term forcible felony (3) Stand your ground The term stand your ground . (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.

Summary: 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.