This bill amends West Virginia Code §55-7-22 to clarify the use of force, including deadly force, in defense of oneself and property within a residence or its curtilage. It establishes that lawful occupants are justified in using 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, allowing for the use of deadly force under specific circumstances without a duty to retreat. Additionally, it specifies that the term "curtilage" does not include common areas shared between multiple residences.

Furthermore, the bill provides a complete defense against civil and criminal prosecution for individuals who lawfully use force in self-defense or defense of others. It includes provisions for awarding court costs and attorney fees to 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.

Statutes affected:
Introduced Version: 55-7-22