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F 4.011a
Defense Of Home: Presumption Of Reasonable Fear
(PC 198.5)
Any person using force intended or likely to cause death or great bodily injury within [his] [her] residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household, provided that:
1. The force was used against another person not a member of the family or household.
2. The intruder unlawfully and forcibly entered the defendant’s residence.
3. The defendant knew or had reason to believe an unlawful and forcible entry occurred.
Points and Authorities
[See FORECITE F 5.42a.]