This blog posting is supplemental to the discussion on Facebook regarding today’s story that involved carjackings.
Video and article found here: Man Carjacks Multiple Vehicles, Leads Police on Wild Chase in Denver
18-1-704 Use Of Physical Force In Defense Of A Person
1. Except as provided in subsections (2) and (3) of this section, a person is justified
in using physical force upon another person in order to defend himself or a third person in order to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use a degree of force which he reasonably believes to be necessary for that purpose.
2. Deadly physical force may be used only if a person reasonably believes a lesser degree of force is
inadequate and:
(a.) The actor has reasonable ground to believe, and does believe, that he
or another person is in imminent danger of being killed or of receiving great bodily injury; or
(b.) The other person is using or reasonably appears about to use physical force against an
occupant of a dwelling or business establishment while committing or attempting to commit
burglary as defined in sections 18-4-202 to 18-4-204; or
(c.) The other person is committing or reasonably appears about to commit kidnapping as defined in section 18-3-301 or 18-3-302, robbery as defined in section 18-4-301 or 18-4-302, sexual assault as set forth in section 18-3-402 or 18-3-403 as it existed prior to July 1, 2000, or assault as defined in sections 18-3-202 or 18-3-203.
3. Notwithstanding the provisions of subsection (1) of this section, a person is not justified in using physical force if:
(a.) With intent to cause bodily injury or death to another person, he provokes the use of unlawful
physical force by that other person; or
(b.) He is the initial aggressor, except that his use of physical force upon another person under the
circumstances is justifiable if he withdraws from the encounter and effectively communicates to
the other person his intent to do so, but the latter nevertheless continues or threatens the use ofunlawful physical force; or
(c.) The physical force involved is the product of a combat by agreement not specifically authorized by law.
