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1998 SESSION
988350304Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 18.2-92.1 as follows:
§ 18.2-92.1. Use of deadly physical force against an intruder; immunity.
Any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has unlawfully entered the dwelling and the occupant has a reasonable belief that the other person (i) has committed a crime in the dwelling in addition to the unlawful entry or is committing or intends to commit a crime against a person or property in addition to the unlawful entry and (ii) might use any physical force, no matter how slight, against the occupant.
Any occupant of a dwelling using physical force, including deadly physical force, as provided in this section shall be immune from criminal prosecution for the use of such force and from civil liability for injuries or death resulting from the use of such force.