SF1088 (Legislative Session 94 (2025-2026))
Law clarification on use of force in defense of home and person
AI Generated Summary
This bill aims to modify Minnesota's laws regarding the use of force in self-defense, specifically within one's home or occupied vehicle. Key changes include:
Clarification and Expansion of Self-Defense Laws: The bill seeks to clarify and extend existing self-defense and defense of home laws in Minnesota. It clarifies when and how much force can be legally used in self-defense or in defense of one's dwelling.
Elimination of Duty to Retreat: It removes the obligation to retreat before using force in self-defense outside of one's home. This means that if someone believes they are in imminent danger of bodily harm or death, they may use force in self-defense without attempting to withdraw from the situation.
Definition of Dwelling: The definition of "dwelling" for the purposes of self-defense is expanded to include any temporary or permanent building, accommodation, or conveyance (like vehicles or tents) that a person is occupying.
Presumption of Reasonable Belief in Threat: The bill establishes a presumption that a person has a reasonable belief of an imminent threat (which may justify the use of deadly force) if someone is unlawfully trying to enter or remove someone from their dwelling or occupied vehicle.
Justifications for Using Deadly Force: Conditions under which deadly force can be justified are detailed, including preventing a felony in one’s dwelling, or responding to an imminent threat of great bodily harm or death due to an offense.
Exclusions to Justifiable Use of Deadly Force: The use of deadly force isn't justified against a known peace officer performing their duties, nor is it justified if the individual using force is engaged in a crime or using a dwelling or vehicle to commit a crime.
Legal Protections: Those who use force in self-defense or in defense of their dwelling or another person are provided immunity from criminal prosecution if their actions are justified under this law.
Overall, the bill seeks to enhance the rights of individuals to defend themselves and their homes, by broadening legal protections under self-defense claims and removing the requirement to retreat in situations deemed dangerous outside the home.
Bill text versions
- Introduction PDF file
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| February 05, 2025 | Senate | Floor | Action | Introduction and first reading | |
| February 05, 2025 | Senate | Floor | Action | Referred to | Judiciary and Public Safety |
Citations
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"Includes detailed definitions for terms used in the section.",
"Clarifies circumstances when the use of deadly force is authorized."
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"summary": "This bill amends the law regarding the justifiable taking of life and use of deadly force in defense of home and person under section 609.065.",
"modified": [
"Requires the state to prove beyond a reasonable doubt that the defendant's actions were not justifiable when there is evidence of justifiable use of force."
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},
"citation": "609.065"
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"summary": "Mentioned in the context of the justifiable use of force defined within section 609.065.",
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"summary": "This citation is referenced in the definitions concerning court orders.",
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"summary": "This citation is referenced in the definitions concerning no contact orders.",
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"summary": "This statute is referenced in the definitions section concerning orders for protection.",
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"summary": "Referenced for the definition of 'dwelling' in terms used within section 609.065.",
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"summary": "Referenced in the definition of 'forcible felony' in terms used within section 609.065.",
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