This bill aims to amend and strengthen the West Virginia castle doctrine by clarifying the legal 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 reasonable and proportionate force against intruders or attackers, without a duty to retreat, if they reasonably believe that such force is necessary to prevent serious harm or a felony. The bill also introduces provisions for the justified use of deadly force in defense of others, outlining specific conditions under which such actions are permissible.

Additionally, 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 the recovery of court costs and attorney fees for those who successfully defend against civil actions or criminal prosecutions based on the complete defense established in this section. The bill also specifies 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 seeks to enhance protections for individuals acting in self-defense while maintaining certain legal boundaries.

Statutes affected:
Introduced Version: 55-7-22