12-712

12-712. Affirmative defense; limitation;
criminal act

A. In any civil action, the finder of fact may find the defendant not liable if the
defendant proves that the claimant or, if the claimant is an heir or the estate of a
deceased person, the decedent was attempting to commit, committing or immediately fleeing
from a felony criminal act and as a result of that act, attempted act or flight the
claimant or decedent was at least fifty per cent responsible for the accident or event
that caused the claimant's or decedent's harm.

B. In any civil action, the finder of fact may find the defendant not liable if the
defendant proves that the defendant did not act intentionally and that the claimant or,
if the claimant is an heir or the estate of a deceased person, the decedent was
attempting to commit, committing or immediately fleeing from a misdemeanor criminal act
and as a result of that act, attempted act or flight the claimant or decedent was at
least fifty per cent responsible for the accident or event that caused the claimant's or
decedent's harm.