Bill > SB1946

This bill amends existing Oklahoma law to expand the definition of unlawful entry or acts that justify the use of defensive force, including deadly force, against an intruder. Specifically, it adds "deceptively" as a way someone can unlawfully enter or act, alongside "forcibly" and "unlawfully," within a dwelling, residence, occupied vehicle, or place of business. This means that if someone enters or attempts to enter these places through deception, or unlawfully or forcibly, the person defending themselves is presumed to have reasonably feared imminent death or great bodily harm, and therefore is justified in using defensive force. The bill also clarifies that such defensive force is permissible if the intruder is attempting to remove someone against their will from these locations. The presumption of reasonable fear does not apply in certain situations, such as when the intruder is a lawful resident without a restraining order against them, or if the person using force is engaged in unlawful activity. The bill reinforces that individuals have no duty to retreat and can use force, including deadly force, to defend themselves or others in places where they have a right to be, and grants immunity from criminal prosecution and civil action for using justified defensive force, with provisions for attorney fees and costs if the defendant prevails in a civil suit.