(2.1) Except as otherwise provided in paragraph (2.2),
an actor is presumed to have a reasonable belief that deadly
force is immediately necessary to protect himself against
death, serious bodily injury, kidnapping or sexual
intercourse compelled by force or threat if both of the
following conditions exist:
(i) The person against whom the force is used is in
the process of unlawfully and forcefully entering, or has
unlawfully and forcefully entered and is present within,
a dwelling, residence or occupied vehicle; or the person
against whom the force is used is or is attempting to
unlawfully and forcefully remove another against that
other's will from the dwelling, residence or occupied
vehicle.
(ii) The actor knows or has reason to believe that
the unlawful and forceful entry or act is occurring or
has occurred.
(2.2) The presumption set forth in paragraph (2.1) does
not apply if:
(i) the person against whom the force is used has
the right to be in or is a lawful resident of the
dwelling, residence or vehicle, such as an owner or
lessee;
(ii) the person sought to be removed is a child or
grandchild or is otherwise in the lawful custody or under
the lawful guardianship of the person against whom the
protective force is used;
30(iii) the actor is engaged in a criminal activity or
is using the dwelling, residence or occupied vehicle to
further a criminal activity; or
(iv) the person against whom the force is used is a
peace officer acting in the performance of his official
duties and the actor using force knew or reasonably
should have known that the person was a peace officer.
(2.3) An actor who is not engaged in a criminal
activity, W HO IS NOT IN ILLEGAL POSSESSION OF A FIREARM and
who is attacked in any place where the actor would have a
duty to retreat under paragraph (2)(ii), has no duty to
retreat and has the right to stand his ground and use force,
including deadly force, if:
(i) the actor has a right to be in the place where
he was attacked;
(ii) the actor believes it is immediately necessary
to do so to protect himself against death, serious bodily
injury, kidnapping or sexual intercourse by force or
threat; and
(iii) the person against whom the force is used
displays or otherwise uses:
(A) a firearm or replica of a firearm as defined
in 42 Pa.C.S. § 9712 (relating to sentences for
offenses committed with firearms); or
(B) any other weapon readily or apparently
capable of lethal use.
(2.4) THE EXCEPTION TO THE DUTY TO RETREAT SET FORTH
UNDER PARAGRAPH (2.3) DOES NOT APPLY IF THE PERSON AGAINST
WHOM THE FORCE IS USED IS A PEACE OFFICER ACTING IN THE
PERFORMANCE OF HIS OFFICIAL DUTIES AND THE ACTOR USING FORCE
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