16-3-21. Use of force in defense of self or others; evidence of belief that force was necessary in murder or manslaughter prosecution.

A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other’s imminent use of unlawful force; however, except as provided in Code Section 16-3-23, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.#

A person is not justified in using force under the circumstances specified in subsection (a) of this Code section if he:#

1. (1)

   Initially provokes the use of force against himself with the intent to use such force as an excuse to inflict bodily harm upon the assailant;#

2. (2)

   Is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony; or#

3. (3)

   Was the aggressor or was engaged in a combat by agreement unless he withdraws from the encounter and effectively communicates to such other person his intent to do so and the other, notwithstanding, continues or threatens to continue the use of unlawful force.#

Any rule, regulation, or policy of any agency of the state or any ordinance, resolution, rule, regulation, or policy of any county, municipality, or other political subdivision of the state which is in conflict with this Code section shall be null, void, and of no force and effect.#

1. (1)

   In a prosecution for any offense prohibited under Chapter 5 of this title, if a defendant raises as a defense a justification provided by subsection (a) of this Code section, the defendant may offer relevant evidence that the defendant had been subjected to acts of family violence, dating violence, or child abuse committed by the alleged victim, as such acts are described in Code Sections 19-13-1, 19-13A-1, and 19-15-1, respectively, in order to establish the defendant’s reasonable belief that the threat or use of force or deadly force was immediately necessary.#

2. (2)

   Relevant evidence includes, but is not limited to:#

   1. (A)

      Evidence pertaining to the alleged victim’s prior acts, including, but not limited to:#

      1. (i)

         Evidence indicating the defendant sought law enforcement assistance;#

      2. (ii)

         Evidence indicating the defendant sought services from a counselor, social worker, domestic violence program, or other relevant agency or service provider;#

      3. (iii)

         Evidence indicating the defendant sought medical attention;#

      4. (iv)

         Evidence of the effects of battering and post-traumatic stress disorder on the defendant; and#

      5. (v)

         Temporary protective order petitions, ex parte orders, and final orders in which the alleged victim is the respondent;#

   2. (B)

      Expert testimony, including, but not limited to, testimony as to relevant facts and circumstances relating to the family violence, dating violence, or child abuse, as such acts are described in Code Sections 19-13-1, 19-13A-1, and 19-15-1, respectively, that are the bases of such expert’s opinion; and#

   3. (C)

      Any other evidence the court determines is of sufficient credibility or probative value.#

3. (3)

   Evidence introduced under this subsection shall be subject to Code Sections 24-4-401, 24-4-402, and 24-4-403.#