Enough already regarding use of force

To the editor:

I am not concerned about whether a “legal fence” should have a height limit. But I am concerned that all residents of our valley (and state) understand our law of self defense. Alaska does not have a law that allows the use of “deadly force in protection of life and property.” Rather, Alaska law permits the use of deadly force only in the following three instances.

One is the classic example of a person facing the use of deadly force against his/her own self — and therefore being allowed to use deadly force only to the extent the person actually and reasonably believes the use of deadly force is necessary to protect his/her own self from death, serious physical injury, kidnapping, sexual assault in the first or second degree, or robbery in any degree. Even in these instances, however, a person may not use deadly force in self-defense (or defense of a third person) if the person knows that, with complete personal safety and with complete safety as to others, the person can avoid the necessity of using deadly force by retreating. The only exception to this duty to retreat is if the person is both not the initial aggressor and is on premises which the person (or third person) owns or leases.

The second instance in which the law permits deadly force against another person involves arson. A person can use deadly force upon another person when and to the extent the person reasonably believes it is necessary to terminate what the person reasonably believes to be the commission or attempted commission by the other person of arson upon a dwelling or occupied building.

The third instance, newly worded by our legislature, permits the use of deadly force upon another person by a person in possession or control of any premises only when and to the extent the person reasonably believes it is necessary to terminate what the person reasonably believes to be the commission or attempted commission by the other person of burglary in any degree occurring in an occupied dwelling or occupied building. The definition of burglary is unlawfully entering on premises with intent to commit a specific crime.

So there you have it. Please don’t misunderstand these very important laws. Please also respect our newspapers for trying to keep us informed even if they sometimes miss the mark. We are all imperfect, kind of like our beautiful Alaska.

Beverly Cutler,

Palmer