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Bill > LD486


ME LD486

An Act to Remove the Duty of an Individual Exercising Self-defense to Safely Retreat or Abstain from Performing Certain Acts upon Demand


summary

Introduced
02/06/2025
In Committee
02/06/2025
Crossed Over
Passed
Dead
05/20/2025

Introduced Session

132nd Legislature

Bill Summary

This bill removes the duty of a person exercising self-defense in an encounter to, if the person can do so safely, retreat from the encounter or comply with a demand to abstain from performing an act that the person is not obliged to perform before using deadly force.

AI Summary

This bill modifies existing Maine law regarding self-defense by removing the requirement that a person must safely retreat or comply with demands before using force. Specifically, the bill eliminates three key provisions from the current statute: (1) the obligation to retreat from an encounter if one can do so safely, with an existing exception for defending one's dwelling; (2) the requirement to surrender property to someone claiming a right to it; and (3) the duty to abstain from performing an act when demanded. By removing these provisions, the bill effectively expands an individual's rights to use force in self-defense by removing preconditions that previously limited the use of force. The changes are being made to 17-A Maine Revised Statutes Annotated (MRSA) Section 108, which governs the use of force in self-defense scenarios. This modification could potentially make it easier for individuals to justify using force, including deadly force, in confrontational situations by removing the prior legal expectation to first attempt de-escalation or withdrawal.

Committee Categories

Justice

Sponsors (10)

Last Action

Placed in Legislative Files (DEAD) (on 05/20/2025)

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