Self-Defense Laws in North Dakota

Stand your ground. Deadly force in self-defense or defense of others is generally not justified if it can be avoided, with safety to the actor and others, by retreat or other conduct involving minimal interference with the freedom of the individual menaced. However, the duty to retreat does not apply to an individual who is not engaged in an unlawful activity that gives rise to the need for the use of deadly force and has not provoked the individual against whom the deadly force is used (unless the circumstances in N.D.C.C. § 12.1-05-03(2)(b) apply); such an individual is not required to retreat within or from any place the individual otherwise is legally allowed to be.

Deadly force is justified when used by an individual in possession or control of a dwelling, place of work, motor vehicle, or an occupied motor home or travel trailer (or by one licensed or privileged to be there) if necessary to prevent commission of arson, burglary, robbery, or a felony involving violence there, and force other than deadly force would expose any individual to substantial danger of serious bodily injury. An individual using deadly force is presumed to have held a reasonable fear of imminent peril of death or serious bodily injury if the person against whom it was used was unlawfully and forcibly entering, or had unlawfully and forcibly entered and remained within, a dwelling, place of work, or occupied motor home or travel trailer (or was removing or attempting to remove someone against their will from it), and the user knew or had reason to believe this was occurring. The presumption may be rebutted by proof beyond a reasonable doubt, and it does not apply if the person against whom force is used has a right to be there or is a lawful resident (such as an owner, lessee, or titleholder) with no domestic violence protection order or other no-contact order against them; if the person removed is a child or grandchild or in the lawful custody or guardianship of the person against whom force is used; if the user is committing a crime or using the place to further a crime; or if the person is a law enforcement officer entering in the performance of official duties as described in the statute. Civil immunity: an individual who uses force as permitted under the chapter is immune from civil liability to the person against whom force was used or that person's estate (with a law-enforcement-officer exception), and the court shall award loss of income, reasonable attorney's fees, court costs, and disbursements to a defendant found immune.