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Old November 16, 2008, 01:07 PM   #35
OldMarksman
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Join Date: June 8, 2008
Posts: 4,022
This may shed some light on things:

http://floor9.com/central-pa/pas-laws-on-self-defense

Relevant excerpts, emphasis added:

Quote:
imagine you’re walking down Third Street and a voice behind you says “I’m gonna kill you, mother$#@”. A strict interpretation of the Pennsylvania code states that you have an obligation to run away — if it’s safe to do so — before resorting to deadly force. And I agree; deadly force should unconditionally only be used as a last resort. But being the imperfect human beings that we are, we all make mistakes. What if that voice sounds familiar — what if you think it’s a friend playing a joke, and you turn around? What if the attacker takes a swing at you and misses? A jury will have to decide whether saying “I’m going to kill you” followed by a physical attack constitutes an imminent threat of “death (or) serious bodily injury” (PA 18§505).
And the law itself:

http://law.onecle.com/pennsylvania/c...5.005.000.html

Relevant excerpts from 18-505 (emphasis added):
Quote:
The use of deadly force is not justifiable under
this section
unless the actor believes that such force is
necessary to protect himself against death, serious bodily
injury, kidnapping or sexual intercourse compelled by force
or threat; nor is it justifiable if:
(i) the actor, with the intent of causing death or
serious bodily injury, provoked the use of force against
himself in the same encounter;
or
(ii) the actor knows that he can avoid the necessity
of using such force with complete safety by retreating
or
by surrendering possession of a thing to a person
asserting a claim of right thereto or by complying with a
demand that he abstain from any action which he has no
duty to take,...
The law goes on to say that you have no obligation to retreat if you are within your dwelling or place of business. A later section limits the duty to retreat in cases where the safety of a third person would not be ensured.

I hope this proves helpful.

Do not take this as legal advice.
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