• 1985 - Self-Defense (Against Law Officer)
  • K-3.30
    • Arrest
    • Defenses
    • Defenses
    • Force
    • Resisting Arrest
    • Self Defense
  • A person is justified in using force upon another person to defend oneself against danger of imminent unlawful bodily injury, sexual assault, or detention by the other person, but a person is not justified in using force for the purpose of resisting arrest, execution of process, or other performance of duty by a public servant under color of law. However, a person is justified in using force to resist excessive force used by a public servant under color of law.
    • 12.1-05-03(1)
    • 39-10-24
    • 39-10-44
    • Henke v. Peyerl, 89 NW2d 1 (ND 1958)
    • Ross v. Scott, 386 NW2d 18 (ND 1986)
    • State v. Leidholm, 334 NW2d 811 (ND 1983)
  • Notes: (2004 - reviewed with no changes)