Mississippi Code
Miss. Code Ann. § 97-3-15 (2026)
Homicide; justifiable homicide; use of defensive force; duty to retreat
✓ current as of July 2026
- (1) The killing of a human being by the act, procurement or omission of another shall be justifiable in the following cases:
- (a) When committed by public officers, or those acting by their aid and assistance, in obedience to any judgment of a competent court;
- (b) When necessarily committed by public officers, or those acting by their command in their aid and assistance, in overcoming actual resistance to the execution of some legal process, or to the discharge of any other legal duty;
- (c) When necessarily committed by public officers, or those acting by their command in their aid and assistance, in retaking any felon who has been rescued or has escaped;
- (d) When necessarily committed by public officers, or those acting by their command in their aid and assistance, in arresting any felon fleeing from justice;
- (e) When committed by any person in resisting any attempt unlawfully to kill such person or to commit any felony upon him, or upon or in any dwelling, in any occupied vehicle, in any place of business, in any place of employment or in the immediate premises thereof in which such person shall be;
- (f) When committed in the lawful defense of one's own person or any other human being, where there shall be reasonable ground to apprehend a design to commit a felony or to do some great personal injury, and there shall be imminent danger of such design being accomplished;
- (g) When necessarily committed in attempting by lawful ways and means to apprehend any person for any felony committed;
- (h) When necessarily committed in lawfully suppressing any riot or in lawfully keeping and preserving the peace;
- (i) When necessarily committed in the performance of duty as a member of a church or place of worship security program as described in Section 45-9-171; and
- (j) When necessarily committed in the performance of duty as a member of a School Safety Guardian Program as described in Section 45-9-181.
- (2)
- (a) As used in subsection (1)(c) and (d) of this section, the term "when necessarily committed" means that a public officer or a person acting by or at the officer's command, aid or assistance is authorized to use such force as necessary in securing and detaining the felon offender, overcoming the offender's resistance, preventing the offender's escape, recapturing the offender if the offender escapes or in protecting himself or others from bodily harm; but such officer or person shall not be authorized to resort to deadly or dangerous means when to do so would be unreasonable under the circumstances. The public officer or person acting by or at the officer's command may act upon a reasonable apprehension of the surrounding circumstances; however, such officer or person shall not use excessive force or force that is greater than reasonably necessary in securing and detaining the offender, overcoming the offender's resistance, preventing the offender's escape, recapturing the offender if the offender escapes or in protecting himself or others from bodily harm.
- (b) As used in subsection (1)(c) and (d) of this section, the term "felon" shall include an offender who has been convicted of a felony and shall also include an offender who is in custody, or whose custody is being sought, on a charge or for an offense which is punishable, upon conviction, by death or confinement in the Penitentiary.
- (c) As used in subsections (1)(e) and (3) of this section, "dwelling" means a building or conveyance of any kind that has a roof over it, whether the building or conveyance is temporary or permanent, mobile or immobile, including a tent, that is designed to be occupied by people lodging therein at night, including any attached porch.
- (3) A person who uses defensive force shall be presumed to have reasonably feared imminent death or great bodily harm, or the commission of a felony upon him or another or upon his dwelling, or against a vehicle which he was occupying, or against his business or place of employment or the immediate premises of such business or place of employment, if the person against whom the defensive force was used, was in the process of unlawfully and forcibly entering, or had unlawfully and forcibly entered, a dwelling, occupied vehicle, business, place of employment or the immediate premises thereof or if that person had unlawfully removed or was attempting to unlawfully remove another against the other person's will from that dwelling, occupied vehicle, business, place of employment or the immediate premises thereof and the person who used defensive force knew or had reason to believe that the forcible entry or unlawful and forcible act was occurring or had occurred. This presumption shall not apply if the person against whom defensive force was used has a right to be in or is a lawful resident or owner of the dwelling, vehicle, business, place of employment or the immediate premises thereof or is the lawful resident or owner of the dwelling, vehicle, business, place of employment or the immediate premises thereof or if the person who uses defensive force is engaged in unlawful activity or if the person is a law enforcement officer engaged in the performance of his official duties.
- (4) A person who is not the initial aggressor and is not engaged in unlawful activity shall have no duty to retreat before using deadly force under subsection (1)(e) or (f) of this section if the person is in a place where the person has a right to be, and no finder of fact shall be permitted to consider the person's failure to retreat as evidence that the person's use of force was unnecessary, excessive or unreasonable.
- (5)
- (a) The presumptions contained in subsection (3) of this section shall apply in civil cases in which self-defense or defense of another is claimed as a defense.
- (b) The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant acted in accordance with subsection (1)(e) or (f) of this section. A defendant who has previously been adjudicated "not guilty" of any crime by reason of subsection (1)(e) or (f) of this section shall be immune from any civil action for damages arising from the same conduct.
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 3 (2); 1857, ch. 64, art. 168; 1871, § 2631; 1880, § 2878; 1892, § 1152; 1906, § 1230; Hemingway's 1917, § 960; 1930, § 988; 1942, § 2218; Laws, 1983, ch. 382; Laws, 2006, ch. 492, § 1, eff. 7/1/2006.
Amended by Laws, 2023, ch. 458, SB 2079,§ 3, eff. 7/1/2023.
Amended by Laws, 2016, ch. 421, HB 786, 4, eff. 4/15/2016.
Notes of Decisions
Cited in 128
cases (22 in the last 5 years), 1974–2026 · leading case: Newell v. State, 49 So. 3d 66 (Miss. 2010).
Newell v. State, 49 So. 3d 66 (Miss. 2010). “Miss.Code Ann. § 97-3-15 (Rev.2006). The revision creates a presumption of fear and abridges a duty to retreat in certain prescribed circumstances.”
Casey Sheldon Woods v. State of Mississippi, 242 So. 3d 47 (Miss. 2018). “siness, in any place of employment or in the immediate premises thereof in which such person shall be; (f) When committed in the lawful defense of one’s own person or any other human being, where there shall be reasonable ground to apprehend a design to commit a felony or to do…”
Thomas Glynn Flynt v. State of Mississippi, 183 So. 3d 1 (Miss. 2015). “2010) (discussing Miss. Code Ann. § 97-3-15 (4)). The Castle Doctrine is codified under the justifiable homicide statute at Mississippi Code Section 97-3-15(3) and (4) as follows: (3) A person who uses defensive force shall be presumed to have reasonably feared imminent death or…”
Mark Matthews v. City of Madison, Mississippi, 143 So. 3d 579 (Miss. 2014). “(quoting Miss. Code Ann. § 97-3-15 (3) (Rev. 2006)).”
Bennie Beal v. State of Mississippi, 225 So. 3d 1276 (Miss. Ct. App. 2016). “See Miss. Code Ann. § 97-3-15 (3)-(4) (Rev. 2014); Newell v.”
Hamin Shaheed v. State of Mississippi, 205 So. 3d 1105 (Miss. Ct. App. 2016). “” See Miss. Code Ann. § 97-3-15 (3). Gardner voluntarily went outside to speak with Truss, and Truss voluntarily went with her down the stairs and around the corner.”
Maye v. State, 49 So. 3d 1124 (Miss. 2010). “See Miss.Code Ann. § 97-3-15(1)(e) (Rev. 2006); Lee v.”
Cook v. State, 467 So. 2d 203 (Miss. 1985). “Miss. Code Ann. § 97-3-15 (f) (1972). Instruction No.”
Ford v. State, 52 So. 3d 1245 (Miss. Ct. App. 2011). “Miss.Code Ann. § 97-3-15(1)(e)-(f) (Rev. 2006).”
James C. Newell, Jr. v. State of Mississippi, 175 So. 3d 1260 (Miss. 2015). “3d at 78 (citing Miss. Code Ann. § 97-3-15 (3) (Rev. 2006)).”
Heidel v. State, 587 So. 2d 835 (Miss. 1991). “Heidel admitted the shooting, and the case went to trial on June 17, 1987, and was ultimately submitted to the jury on three theories: murder under Miss. Code Ann. § 97-3-19 (1)(a) (Supp. 1987), manslaughter under Miss.”
Tennessee v. Garner, 471 U.S. 1 (1985). “§ 21-3215 (1981); Miss. Code Ann. § 97-3-15 (d) (Supp. 1984); Mo.”
— Miss. Code Ann. § 97-3-15(1) — 4 cases
Ambrose v. State, 133 So. 3d 786 (Miss. 2013).
Mark Matthews v. City of Madison, Mississippi, 143 So. 3d 579 (Miss. 2014). “(quoting Miss. Code Ann. § 97-3-15 (3) (Rev. 2006)).”
White v. State, 127 So. 3d 241 (Miss. Ct. App. 2012).
Isaiah Jerome Gunn v. State of Mississippi (Miss. 2023).
— Miss. Code Ann. § 97-3-15(1)(e) — 9 cases
Casey Sheldon Woods v. State of Mississippi, 242 So. 3d 47 (Miss. 2018). “siness, in any place of employment or in the immediate premises thereof in which such person shall be; (f) When committed in the lawful defense of one’s own person or any other human being, where there shall be reasonable ground to apprehend a design to commit a felony or to do…”
Maye v. State, 49 So. 3d 1124 (Miss. 2010). “See Miss.Code Ann. § 97-3-15(1)(e) (Rev. 2006); Lee v.”
Ford v. State, 52 So. 3d 1245 (Miss. Ct. App. 2011). “Miss.Code Ann. § 97-3-15(1)(e)-(f) (Rev. 2006).”
Tillis v. State, 176 So. 3d 37 (Miss. Ct. App. 2014).
Rogers v. State, 994 So. 2d 792 (Miss. Ct. App. 2008).
— Miss. Code Ann. § 97-3-15(1)(f) — 13 cases
Cook v. State, 467 So. 2d 203 (Miss. 1985). “Miss. Code Ann. § 97-3-15 (f) (1972). Instruction No.”
Maye v. State, 49 So. 3d 1124 (Miss. 2010). “See Miss.Code Ann. § 97-3-15(1)(e) (Rev. 2006); Lee v.”
Wade v. State, 724 So. 2d 1007 (Miss. Ct. App. 1998).
McDowell v. State, 984 So. 2d 1003 (Miss. Ct. App. 2007).
Lancaster v. State, 472 So. 2d 363 (Miss. 1985).
— Miss. Code Ann. § 97-3-15(1)(f)(1) — 1 case
Deanna Wade v. State of Mississippi (Miss. 1997).
— Miss. Code Ann. § 97-3-15(3) — 28 cases
Newell v. State, 49 So. 3d 66 (Miss. 2010). “Miss.Code Ann. § 97-3-15 (Rev.2006). The revision creates a presumption of fear and abridges a duty to retreat in certain prescribed circumstances.”
Casey Sheldon Woods v. State of Mississippi, 242 So. 3d 47 (Miss. 2018). “siness, in any place of employment or in the immediate premises thereof in which such person shall be; (f) When committed in the lawful defense of one’s own person or any other human being, where there shall be reasonable ground to apprehend a design to commit a felony or to do…”
Mark Matthews v. City of Madison, Mississippi, 143 So. 3d 579 (Miss. 2014). “(quoting Miss. Code Ann. § 97-3-15 (3) (Rev. 2006)).”
Thomas Glynn Flynt v. State of Mississippi, 183 So. 3d 1 (Miss. 2015). “2010) (discussing Miss. Code Ann. § 97-3-15 (4)). The Castle Doctrine is codified under the justifiable homicide statute at Mississippi Code Section 97-3-15(3) and (4) as follows: (3) A person who uses defensive force shall be presumed to have reasonably feared imminent death or…”
Bennie Beal v. State of Mississippi, 225 So. 3d 1276 (Miss. Ct. App. 2016). “See Miss. Code Ann. § 97-3-15 (3)-(4) (Rev. 2014); Newell v.”
— Miss. Code Ann. § 97-3-15(4) — 15 cases
Newell v. State, 49 So. 3d 66 (Miss. 2010). “Miss.Code Ann. § 97-3-15 (Rev.2006). The revision creates a presumption of fear and abridges a duty to retreat in certain prescribed circumstances.”
Thomas Glynn Flynt v. State of Mississippi, 183 So. 3d 1 (Miss. 2015). “2010) (discussing Miss. Code Ann. § 97-3-15 (4)). The Castle Doctrine is codified under the justifiable homicide statute at Mississippi Code Section 97-3-15(3) and (4) as follows: (3) A person who uses defensive force shall be presumed to have reasonably feared imminent death or…”
White v. State, 127 So. 3d 241 (Miss. Ct. App. 2012).
Bennie Beal v. State of Mississippi, 225 So. 3d 1276 (Miss. Ct. App. 2016). “See Miss. Code Ann. § 97-3-15 (3)-(4) (Rev. 2014); Newell v.”
Mark Matthews v. City of Madison, Mississippi, 143 So. 3d 579 (Miss. 2014). “(quoting Miss. Code Ann. § 97-3-15 (3) (Rev. 2006)).”
— Miss. Code Ann. § 97-3-15(8) — 1 case
White v. State, 127 So. 3d 170 (Miss. 2013).
— Miss. Code Ann. § 97-3-15(e) — 2 cases
Casey Sheldon Woods v. State of Mississippi, 242 So. 3d 47 (Miss. 2018). “siness, in any place of employment or in the immediate premises thereof in which such person shall be; (f) When committed in the lawful defense of one’s own person or any other human being, where there shall be reasonable ground to apprehend a design to commit a felony or to do…”
Brown v. State, 102 So. 3d 1130 (Miss. Ct. App. 2011).
— Miss. Code Ann. § 97-3-15(f) — 10 cases
Alvin Brown v. State of Mississippi, 222 So. 3d 302 (Miss. 2017).
Ford v. State, 52 So. 3d 1245 (Miss. Ct. App. 2011). “Miss.Code Ann. § 97-3-15(1)(e)-(f) (Rev. 2006).”
Gavin v. State, 473 So. 2d 952 (Miss. 1985).
Cook v. State, 467 So. 2d 203 (Miss. 1985). “Miss. Code Ann. § 97-3-15 (f) (1972). Instruction No.”
Mitchell v. State, 90 So. 3d 584 (Miss. 2012).
— Miss. Code Ann. § 97-3-15(f)(1) — 1 case
Willie James Bingham a/k/a Willie Bingham v. State of Mississippi (Miss. Ct. App. 2023).
— Miss. Code Ann. § 97-3-15(l)(e) — 9 cases
Young v. State, 99 So. 3d 159 (Miss. 2012).
Thomas Glynn Flynt v. State of Mississippi, 183 So. 3d 1 (Miss. 2015). “2010) (discussing Miss. Code Ann. § 97-3-15 (4)). The Castle Doctrine is codified under the justifiable homicide statute at Mississippi Code Section 97-3-15(3) and (4) as follows: (3) A person who uses defensive force shall be presumed to have reasonably feared imminent death or…”
Maye v. State, 49 So. 3d 1124 (Miss. 2010). “See Miss.Code Ann. § 97-3-15(1)(e) (Rev. 2006); Lee v.”
Westbrook v. State, 29 So. 3d 828 (Miss. Ct. App. 2009).
Janet Olier v. Donna Bailey, 164 So. 3d 982 (Miss. 2015).
— Miss. Code Ann. § 97-3-15(l)(f) — 8 cases
L.M. Birge v. State of Mississippi, 216 So. 3d 1174 (Miss. Ct. App. 2017).
Maye v. State, 49 So. 3d 1124 (Miss. 2010). “See Miss.Code Ann. § 97-3-15(1)(e) (Rev. 2006); Lee v.”
Harris v. State, 937 So. 2d 474 (Miss. Ct. App. 2006).
Sanders v. State, 77 So. 3d 497 (Miss. Ct. App. 2011).
Wilder v. State, 118 So. 3d 628 (Miss. Ct. App. 2012).
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