§703-300  Definitions relating to
justification.  In this chapter, unless a different meaning is plainly
required:



"Believes" means reasonably believes.



"Deadly force" means force which the
actor uses with the intent of causing or which the actor knows to create a
substantial risk of causing death or serious bodily harm.  Intentionally firing
a firearm in the direction of another person or in the direction which another
person is believed to be constitutes deadly force.  A threat to cause death or
serious bodily injury, by the production of a weapon or otherwise, so long as
the actor's intent is limited to creating an apprehension that the actor will
use deadly force if necessary, does not constitute deadly force.



"Dwelling" means any building or
structure, though movable or temporary, or a portion thereof, which is for the
time being a home or place of lodging.



"Force" means any bodily impact,
restraint, or confinement, or the threat thereof.



"Unlawful force" means force which is
employed without the consent of the person against whom it is directed and the
employment of which constitutes an offense or would constitute an offense
except for a defense not amounting to a justification to use the force.  Assent
constitutes consent, within the meaning of this section, whether or not it
otherwise is legally effective, except assent to the infliction of death or
serious or substantial bodily injury. [L 1972, c 9, pt of §1; am L 1986, c 314,
§5; gen ch 1993]



 



Revision Note



 



  Definitions rearranged.



 



COMMENTARY ON §703-300



 



  This section provides statutory definitions of terms used
repeatedly in this chapter; a discussion of the definitions, when needed or
appropriate, is found in the commentary on the section employing the defined
terms.



 



SUPPLEMENTAL COMMENTARY ON §703-300



 



  Chapter 703 provides for a defense based on the legal concept
of justification.  An extended definition of justification is provided in
§§703-302 through 309.  In most instances, the critical factor in determining
whether an actor's conduct is justified is the actor's state of mind or belief
respecting facts and circumstances.  The Legislature changed §300 of the
Proposed Draft by adding the definition of "believes".  The
definition adopts "the reasonable man standard with respect to justification
for the use of force in self-protection, in the protection of property, and in
the protection of others.  It is your Committee's finding that the requirement
that a person's belief be 'reasonable' for these defenses to be available will
provide an objective basis by which to gauge whether or not the use of force
was justified."  Conference Committee Report No. 2 (1972).



 



Case Notes



 



  Substantial evidence of record supported trial court's
finding that defendant's use of the knife constituted deadly force.  77 H. 429
(App.), 886 P.2d 766.



  Subsection (1) cited:  9 H. App. 115, 826 P.2d 884.