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Self-Defense

N.D.C.C. § 12.1-05-07 — no duty to retreat from a place one has a right to be, for someone not provoking or acting unlawfully

A person is justified in using force to defend against imminent unlawful bodily injury, sexual assault or detention. Force may not be used to resist an arrest by a public servant acting under color of law, though excessive force may be resisted, and not by someone who provoked the fight or entered mutual combat.

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  • No more force than is necessary and appropriate is justified.
  • Deadly force in self-defense or defense of others is justified when necessary against death, serious bodily injury, or a violent felony.
  • Someone not engaged in unlawful activity, who did not provoke the other person, need not retreat from any place the person is legally allowed to be.
  • Deadly force is justified at a dwelling, place of work or vehicle when necessary to stop arson, burglary, robbery or a violent felony there.

The presumption at home. Someone using deadly force against a person unlawfully and forcibly entering a dwelling, place of work or occupied motor home is presumed to have feared death or serious bodily injury. It does not apply against a lawful resident with no protection or no-contact order, or against an officer entering on duty who was identified.

  • N.D.C.C. § 12.1-05-07.1
Sources for this section (3)
  1. N.D.C.C. § 12.1-05-03 — Self-defense
  2. N.D.C.C. § 12.1-05-07 — Limits on the use of force - Excessive force - Deadly force
  3. N.D.C.C. § 12.1-05-07.1 — Use of deadly force - Presumption of fear of death or serious bodily injury

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed North Dakota attorney.

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