This bill amends West Virginia Code §55-7-22 to clarify the legal framework surrounding the use of force, including deadly force, in defense of oneself and property. It establishes that lawful occupants of a residence are justified in using force, including deadly force, against intruders if they reasonably believe that such force is necessary to prevent serious harm or a felony. The bill removes the requirement for the use of "reasonable and proportionate" force and specifies that there is no duty to retreat in these situations. Additionally, it expands the definition of permissible force to include actions taken within the curtilage of a home, while explicitly stating that common areas shared between residences do not qualify as curtilage.

Furthermore, the bill provides a complete defense against civil and criminal prosecution for individuals who lawfully use force in self-defense or in defense of others. It includes provisions for the recovery of court costs and attorney fees for individuals who successfully defend against civil actions or criminal prosecutions based on the justified use of force. The bill also outlines exceptions to this defense, such as when a person is engaged in unlawful activity or provokes the use of force against themselves. Overall, the legislation aims to strengthen the legal protections for individuals acting in self-defense or defense of others.

Statutes affected:
Introduced Version: 55-7-22