| (3) |
| (a) | An actor who uses force or deadly force against an individual to defend the actor's habitation is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the entry or attempted entry is:
| (ii) | made or attempted:
| (B) | in a violent and tumultuous manner; |
| (C) | surreptitiously or by stealth; or |
| (D) | for the purpose of committing a felony. |
|
|
| (b) | An actor who uses force or deadly force against an individual to defend the actor's vehicle or place of business or employment is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if:
| (i) | the actor knew or had reason to believe that the individual:
| (A) | entered, or attempted to enter, unlawfully and with force, the actor's occupied vehicle or place of business or employment; or |
| (B) | removed, or attempted to remove, unlawfully and with force, the actor from the actor's vehicle or place of business or employment; and |
|
| (ii) | the actor:
| (A) | did not provoke the individual; and |
| (B) | was not otherwise engaged in criminal activity, other than a traffic offense, at the time the force was used. |
|
|
| (c) | The presumption in Subsection (3)(b) applies to an actor's use of force or deadly force against an individual to protect a third person if:
| (i) | under the circumstances as the actor believes them to be, the actor would be justified under Subsection (3)(b) in using force or deadly force to protect the actor against the unlawful force or unlawful deadly force that the actor reasonably believes to be threatening the third person the actor seeks to protect; and |
| (ii) | the actor reasonably believes that the actor's intervention is immediately necessary to protect the third person. |
|
|