§19. Use of force or violence in defense
A.(1) The use of force or violence upon the person of another is justifiable under either of the following circumstances:
(a) When committed for the purpose of preventing a forcible offense against the person or a forcible offense or trespass against property in a person's lawful possession, provided that the force or violence used must be reasonable and apparently necessary to prevent such offense.
(b)(i) When committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle as defined in R.S. 32:1(40) when the conflict began, against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, or motor vehicle, and the person using the force or violence reasonably believes that the use of force or violence is necessary to prevent the entry or to compel the intruder to leave the dwelling, place of business, or motor vehicle.
(ii) The provisions of this Paragraph shall not apply when the person using the force or violence is engaged, at the time of the use of force or violence in the acquisition of, the distribution of, or possession of, with intent to distribute a controlled dangerous substance in violation of the provisions of the Uniform Controlled Dangerous Substances Law.
(2) The provisions of Paragraph (1) of this Section shall not apply where the force or violence results in a homicide.
B. For the purposes of this Section, there shall be a presumption that a person lawfully inside a dwelling, place of business, or motor vehicle held a reasonable belief that the use of force or violence was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the premises or motor vehicle, if both of the following occur:
(1) The person against whom the force or violence was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered the dwelling, place of business, or motor vehicle.
(2) The person who used force or violence knew or had reason to believe that an unlawful and forcible entry was occurring or had occurred.
C. A person who is not engaged in unlawful activity and who is in a place where he or she has a right to be shall have no duty to retreat before using force or violence as provided for in this Section and may stand his or her ground and meet force with force.
D. No finder of fact shall be permitted to consider the possibility of retreat as a factor in determining whether or not the person who used force or violence in defense of his person or property had a reasonable belief that force or violence was reasonable and apparently necessary to prevent a forcible offense or to prevent the unlawful entry.
Acts 2006, No. 141, §1; Acts 2014, No. 163, §1, eff. August 1, 2014.
Notes of Decisions
Cited in
185
cases (
22 in the last 5 years), 1957–2026 · leading case:
State v. Rouser, 158 So. 3d 860 (La. Ct. App. 2015).
State v. Rouser, 158 So. 3d 860 (La. Ct. App. 2015).
· cites it 13× “R.S. 14:19 provides in part: “the use of force or violence upon the person of another is justifiable, when committed for the purpose of preventing a forcible offense against the person .”
State v. Freeman, 427 So. 2d 1161 (La. 1983).
· cites it 7× “ASSIGNMENT OF ERROR NO. 6 Defendant contends that no rational trier of fact could have found proof of guilt beyond a reasonable doubt.”
State v. Jefferson, 922 So. 2d 577 (La. Ct. App. 2005).
· cites it 3× “R.S. 14:19 provides that "[t]he use of force or violence upon the person of another is justifiable, when committed for the purpose of preventing a forcible offense against the person .”
State v. Ingram, 71 So. 3d 437 (La. Ct. App. 2011).
· cites it 4× “Louisiana R.S. 14:19 and 14:20 both use the term in conjunction with justification for the use of force to prevent or repel an unlawful entry.”
State v. Boudreaux, 48 So. 3d 1144 (La. Ct. App. 2010).
· cites it 3× “R.S. 14:19 states: A. The use of force or violence upon the person of another is justifiable when committed for the purpose of preventing a forcible offense against the person or a forcible offense or trespass against property in a person’s lawful possession, provided that the…”
State v. Cheatham, 877 So. 2d 164 (La. Ct. App. 2004).
· cites it 3× “R.S. 14:19 provides: The use of force or violence upon the person of another is justifiable, when committed for the purpose of preventing a forcible offense against the person or a forcible offense or trespass against property in a person's lawful possession; provided that the…”
State v. Sparrow, 612 So. 2d 191 (La. Ct. App. 1992).
· cites it 2× “-R.S. 14:19 states that: The use of force or violence upon the person of another is justifiable, when committed for the purpose of preventing a forcible offense against the person or a forcible offense or trespass against property in a person's lawful possession; provided that…”
State v. Cooks, 81 So. 3d 932 (La. Ct. App. 2011).
· cites it 3× “The use of force or violence upon the person of another is justifiable when committed for the purpose of preventing a forcible offense against the person or a forcible offense or trespass against property in a person’s lawful possession, provided that the force or violence used…”
State v. Moore, 640 So. 2d 561 (La. Ct. App. 1994).
· cites it 2× “" The second paragraph is nearly verbatim R.S. 14:19 with the exception that the statute requires that the property being protected must be in a person's lawful possession.”
State v. Braswell, 605 So. 2d 702 (La. Ct. App. 1992).
· cites it 2× “Self-defense is defined as follows: The use of force or violence upon the person of another is justifiable, when committed for the purpose of preventing a forcible offense against the person or a forcible offense against the property in a person's lawful possession; provided…”
State v. Blache, 480 So. 2d 304 (La. 1985).
· cites it 2× “In the second prosecution defendant was charged with attempted second degree murder and convicted of aggravated battery, under the same facts, in a case where his defense was the same as in the earlier case, self-defense (R.S. 14:19) [4] and defense of another (R.”
State v. De Gruy, 215 So. 3d 723 (La. Ct. App. 2017).
“In addition, the use of force or violence upon the person of another is justifiable when committed for the purpose of preventing a forcible offense against the person, provided that the force or violence used must be reasonable and apparently necessary to prevent such offense.”
— La. Rev. Stat. § 14:19(A) — 23 cases
State v. Cooks, 81 So. 3d 932 (La. Ct. App. 2011).
“The use of force or violence upon the person of another is justifiable when committed for the purpose of preventing a forcible offense against the person or a forcible offense or trespass against property in a person’s lawful possession, provided that the force or violence used…”
State v. Rouser, 158 So. 3d 860 (La. Ct. App. 2015).
“R.S. 14:19 provides in part: “the use of force or violence upon the person of another is justifiable, when committed for the purpose of preventing a forcible offense against the person .”
State v. De Gruy, 215 So. 3d 723 (La. Ct. App. 2017).
“In addition, the use of force or violence upon the person of another is justifiable when committed for the purpose of preventing a forcible offense against the person, provided that the force or violence used must be reasonable and apparently necessary to prevent such offense.”
State v. Boudreaux, 48 So. 3d 1144 (La. Ct. App. 2010).
“R.S. 14:19 states: A. The use of force or violence upon the person of another is justifiable when committed for the purpose of preventing a forcible offense against the person or a forcible offense or trespass against property in a person’s lawful possession, provided that the…”
— La. Rev. Stat. § 14:19(A)(1) — 1 case
— La. Rev. Stat. § 14:19(A)(1)(a) — 12 cases
— La. Rev. Stat. § 14:19(A)(l)(a) — 1 case
— La. Rev. Stat. § 14:19(C) — 2 cases
— La. Rev. Stat. § 14:19(D) — 1 case
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