2023 New York Laws › PEN - Penal › Part 1 - General Provisions › Title C - Defenses › Article 35 - Defense of Justification › 35.20 - Justification; Use of Physical Force in Defense of Premises and in Defense of a Person in the Course of Burglary.

§  35.20 Justification; use of physical force in defense of premises and
in defense of a person in the course of burglary.
1. Any person may use physical force upon another person  when  he  or
she  reasonably  believes  such  to be necessary to prevent or terminate
what he or she reasonably believes to be  the  commission  or  attempted
commission by such other person of a crime involving damage to premises.
Such  person  may  use  any  degree of physical force, other than deadly
physical force, which he or she reasonably believes to be necessary  for
such  purpose, and may use deadly physical force if he or she reasonably
believes such to be necessary to prevent or terminate the commission  or
attempted commission of arson.
2.  A  person  in  possession  or control of any premises, or a person
licensed or privileged to be thereon or therein, may use physical  force
upon  another  person  when  he  or  she  reasonably believes such to be
necessary to prevent or terminate what he or she reasonably believes  to
be  the  commission  or  attempted  commission by such other person of a
criminal trespass upon such premises. Such person may use any degree  of
physical  force,  other  than  deadly  physical  force,  which he or she
reasonably believes to be necessary for such purpose, and may use deadly
physical force in order  to  prevent  or  terminate  the  commission  or
attempted  commission  of arson, as prescribed in subdivision one, or in
the course of  a  burglary  or  attempted  burglary,  as  prescribed  in
subdivision three.
3.  A person in possession or control of, or licensed or privileged to
be in, a dwelling or an occupied building, who reasonably believes  that
another  person is committing or attempting to commit a burglary of such
dwelling or building, may use deadly  physical  force  upon  such  other
person  when  he  or  she  reasonably  believes  such to be necessary to
prevent or terminate the commission  or  attempted  commission  of  such
burglary.
4.  As  used  in  this section, the following terms have the following
meanings:
(a) The terms "premises," "building" and "dwelling" have the  meanings
prescribed in section 140.00;
(b)  Persons "licensed or privileged" to be in buildings or upon other
premises include, but are not limited to:
(i) police officers or peace officers acting  in  the  performance  of
their duties; and
(ii)  security  personnel  or  employees  of  nuclear powered electric
generating facilities located within the state who are employed as  part
of  any security plan approved by the federal operating license agencies
acting in the performance of their duties at such generating facilities.
For purposes of this subparagraph, the term  "nuclear  powered  electric
generating  facility"  shall  mean a facility that generates electricity
using nuclear power for sale, directly or  indirectly,  to  the  public,
including the land upon which the facility is located and the safety and
security zones as defined under federal regulations.