Sec.  35.20   Justification;  use of physical force in defense of
                   premises and in defense of  a  person  in  the
                   course of burglary.
    1.   Any  person  may  use physical force upon another person
when he or she reasonably believes such to be necessary  to  prevent  or
terminate  what  he or she reasonably  believes to be the commission or
attempted commission by such other person of  a  crime  involving
damage  to  premises. Such person may use any degree of physical force,
other than deadly physical force, which he or she reasonably believes to
be  necessary  for  such  purpose, and may use deadly physical
force if he or she reasonably believes such to be necessary  to  prevent
or terminate the commission or attempted commission of arson.
    2.   A  person in possession or control of any premises, or a
person licensed or privileged to be thereon or therein,  may  use
physical  force  upon  another person when he or she reasonably believes
such to be necessary to prevent or terminate what  he or she reasonably
believes  to  be  the  commission or attempted commission by such
other person of a criminal trespass upon such premises. Such person may
use  any  degree  of  physical  force, other than deadly physical
force, which he or she reasonably believes  to  be  necessary  for  such
purpose, and may use deadly physical force in order to prevent
or terminate the commission or attempted commission of arson,  as
prescribed  in subdivision one, or in the course of a burglary or
attempted burglary, as prescribed in subdivision three.
    3.   A  person  in  possession  or control of, or licensed or
privileged to be in, a dwelling  or  an  occupied  building,  who
reasonably   believes   that  another  person  is  committing  or
attempting to commit a burglary of such dwelling or building, may
use  deadly  physical  force  upon  such  other  person  when  he or she 
reasonably believes such to be necessary to prevent or  terminate
the commission or attempted commission of such burglary.
    4.   As  used  in  this section, the following terms have the
following meanings:
    (a)  The terms "premises," "building" and "dwelling" have the
meanings prescribed in section 140.00;
   (b)  Persons "licensed or privileged" to be in buildings or upon other
  premises include, but are not limited to:
    (i) police officers or peace officers acting  in  the  performance  of
  their duties; and
    (ii)  security  personnel  or  employees  of  nuclear powered electric
  generating facilities located within the state who are employed as  part
  of  any security plan approved by the federal operating license agencies
  acting in the performance of their duties at such generating facilities.
  For purposes of this subparagraph, the term  "nuclear  powered  electric
  generating  facility"  shall  mean a facility that generates electricity
  using nuclear power for sale, directly or  indirectly,  to  the  public,
  including the land upon which the facility is located and the safety and
  security zones as defined under federal regulations.
(Amended L.2004 c.393, eff 8/17/2004.)
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