SF1088

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	House	Floor	Action	Introduction and first reading
February 05, 2025	Senate	Floor	Action	Introduction and first reading
February 05, 2025	House	Floor	Action	Referred to	Judiciary and Public Safety
February 05, 2025	Senate	Floor	Action	Referred to	Judiciary and Public Safety

Citations

[
  {
    "analysis": {
      "added": [
        "Definitions related to deadly force, dwelling, forcible felony, and presumptions are added."
      ],
      "removed": [
        "Eliminates common law duty to retreat in cases of self-defense outside the home."
      ],
      "summary": "The bill amends Minnesota Statutes section 609.065 regarding the justifiable taking of life, use of deadly force in defense of home and person.",
      "modified": [
        "Expands use of force laws to include occupied vehicles."
      ]
    },
    "citation": "609.065",
    "subdivision": "subdivision 1, 2, 3, 4, 5, 6, 7"
  },
  {
    "analysis": {
      "added": [
        "Includes reference to orders for protection relevant to the defense of dwelling context."
      ],
      "removed": [],
      "summary": "Cites court orders for protection under Minnesota Statutes section 518B.01.",
      "modified": []
    },
    "citation": "518B.01",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References restraining orders under Minnesota Statutes section 609.748.",
      "modified": [
        "Clarifies the legal standing of restraining orders in deadly force cases."
      ]
    },
    "citation": "609.748",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Mentions no contact orders under Minnesota Statutes section 629.75.",
      "modified": []
    },
    "citation": "629.75",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        "Clarifies the term 'dwelling' in the context of defense laws."
      ],
      "removed": [],
      "summary": "Defines 'dwelling' using section 609.556 subdivision 3.",
      "modified": []
    },
    "citation": "609.556",
    "subdivision": "subdivision 3"
  },
  {
    "analysis": {
      "added": [
        "Enumerates crimes considered under 'forcible felony' including first-degree murder."
      ],
      "removed": [],
      "summary": "References first-degree murder under section 609.185.",
      "modified": []
    },
    "citation": "609.185",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Includes second-degree murder under section 609.19 as a forcible felony.",
      "modified": []
    },
    "citation": "609.19",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Cites first-degree manslaughter under section 609.20.",
      "modified": []
    },
    "citation": "609.20",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References first-degree assault under section 609.221.",
      "modified": []
    },
    "citation": "609.221",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Lists second-degree assault under section 609.222.",
      "modified": []
    },
    "citation": "609.222",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Mentions third-degree assault under section 609.223.",
      "modified": []
    },
    "citation": "609.223",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References first-degree criminal sexual conduct under section 609.342.",
      "modified": []
    },
    "citation": "609.342",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Includes second-degree criminal sexual conduct under section 609.343.",
      "modified": []
    },
    "citation": "609.343",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Cites first-degree arson under section 609.561.",
      "modified": []
    },
    "citation": "609.561",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Lists burglary in the first, second, and third degrees under section 609.582.",
      "modified": []
    },
    "citation": "609.582",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Mentions robbery under section 609.24.",
      "modified": []
    },
    "citation": "609.24",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References robbery under sections 609.24 and 609.245.",
      "modified": []
    },
    "citation": "609.245",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Includes kidnapping under section 609.25.",
      "modified": []
    },
    "citation": "609.25",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        "Clarifies 'great bodily harm' in context of deadly force use."
      ],
      "removed": [],
      "summary": "Defines 'great bodily harm' under section 609.02 subdivision 8.",
      "modified": []
    },
    "citation": "609.02",
    "subdivision": "subdivision 8"
  },
  {
    "analysis": {
      "added": [
        "Defines 'substantial bodily harm' for self-defense context."
      ],
      "removed": [],
      "summary": "Cites 'substantial bodily harm' under section 609.02 subdivision 7a.",
      "modified": []
    },
    "citation": "609.02",
    "subdivision": "subdivision 7a"
  }
]