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§ 5-808. Use of force against individuals entering dwelling or place of business

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2010

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 5. Limitations, Prohibited Actions, and Immunities (Refs & Annos)
Subtitle 8. Immunities and Prohibited Actions--Miscellaneous (Refs & Annos)
Effective: October 1, 2010
MD Code, Courts and Judicial Proceedings, § 5-808
§ 5-808. Use of force against individuals entering dwelling or place of business
Currentness
Person defined
(a) In this section, “person” does not include a governmental entity.
Reasonable belief that force is necessary
(b) A person is not liable for damages for a personal injury or death of an individual who enters the person's dwelling or place of business if:
(1) The person reasonably believes that force or deadly force is necessary to repel an attack by the individual; and
(2) The amount and nature of the force used by the person is reasonable under the circumstances.
Persons convicted of crimes of violence
(c) Subsection (b) of this section does not apply to a person who is convicted of a crime of violence under § 14-101 of the Criminal Law Article, assault in the second degree, or reckless endangerment arising out of the circumstances described in subsection (b) of this section.
Costs and attorney’s fees
(d) The court may award costs and reasonable attorney's fees to a defendant who prevails in a defense under this section.
Construction with other law
(e) This section does not limit or abrogate any immunity from civil liability or defense available to a person under any other provision of the Code or at common law.

Credits

Added by Acts 2010, c. 555, § 1, eff. Oct. 1, 2010.
MD Code, Courts and Judicial Proceedings, § 5-808, MD CTS & JUD PRO § 5-808
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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