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GOHEAVY.COM Debates Forum
Doesn't it depend on what state one is in?
Posted By: Jim Storch (cpe-24-169-173-227.stny.res.rr.com)
In Response To: Even if the facts were as Art stated and.......... (J.R. Bolger)
Date: Tuesday, September 25, 2007, @ 1:16 p.m.
What does the penal law in the state Art was in say?
Art was not in New York, but here's what it says about it.
NYS Penal Law Article 35:
http://ypdcrime.com/penal.law/S 35.15 Justification; use of physical force in defense of a person.
1. A person may, subject to the provisions of subdivision two, use
physical force upon another person when and to the extent he reasonably
believes such to be necessary to defend himself or a third person from
what he reasonably believes to be the use or imminent use of unlawful
physical force by such other person, unless:
( a) The latter`s conduct was provoked by the actor himself with intent
to cause physical injury to another person; or
( b) The actor was the initial aggressor; except that in such case his
use of physical force is nevertheless justifiable if he has withdrawn
from the encounter and effectively communicated such withdrawal to such
other person but the latter persists in continuing the incident by the
use or threatened imminent use of unlawful physical force; or
( c) The physical force involved is the product of a combat by
agreement not specifically authorized by law.
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