New York Penal Law Section 35.20 governs the justifiable use of physical force in defense of premises and in defense of a person during the course of a burglary. Unlike PL 35.15, which addresses person-to-person self-defense, PL 35.20 focuses specifically on protecting property and the people within it.[1]
Subdivision 1: Defense Against Property Damage
Any person may use physical force upon another person when he or she reasonably believes such force to be necessary to prevent or terminate what he or she reasonably believes to be the commission or attempted commission of a crime involving damage to premises.[1] The force used must be non-deadly, with one exception: deadly physical force may be used if the actor reasonably believes it is necessary to prevent or terminate the commission or attempted commission of arson.[2]
Subdivision 2: Defense Against Criminal Trespass
A person in possession or control of any premises, or a person licensed or privileged to be thereon or therein, may use physical force upon another person when he or she reasonably believes such force to be necessary to prevent or terminate what he or she reasonably believes to be the commission or attempted commission of criminal trespass upon such premises.[1] Only non-deadly force is authorized under this subdivision. The statute limits this authority to persons who have a legitimate connection to the premises, whether through ownership, possession, control, or lawful presence.
Subdivision 3: Deadly Force During Burglary
Subdivision 3 contains the provision most closely associated with New York's Castle Doctrine as it applies to premises defense. A person in possession or control of, or licensed or privileged to be in, a dwelling or an occupied building who reasonably believes that another person is committing or attempting to commit a burglary of such dwelling or building may use deadly physical force upon such other person when he or she reasonably believes such force to be necessary to prevent or terminate the commission or attempted commission of such burglary.[1]
This subdivision is significant because it extends the right to use deadly force beyond the personal self-defense context of PL 35.15. Under PL 35.20(3), deadly force may be used to stop a burglary even if the actor does not personally face a threat of deadly physical force. The key requirement is a reasonable belief that a burglary is being committed or attempted.[3]
Subdivision 4: Key Definitions
The terms "premises," "building," and "dwelling" carry the meanings prescribed in Penal Law Section 140.00.[1] Under Section 140.00, a "dwelling" means a building which is usually occupied by a person lodging therein at night, and a "building" includes any structure, vehicle, or watercraft used for overnight lodging of persons, or used by persons for carrying on business therein. Persons "licensed or privileged" to be in buildings or upon premises include police officers and peace officers acting in the performance of their duties, as well as security personnel at nuclear-powered electric generating facilities.[2]
Practical Limitations
While PL 35.20 provides broader authority to use deadly force against burglars than PL 35.15 provides in general self-defense situations, the statute still requires a reasonable belief that the force is necessary. Once an intruder has fled or ceased the burglary, the justification for deadly force ends. Additionally, PL 35.20 does not override the general requirement under PL 35.15 that a person must retreat before using deadly force outside a dwelling.[4]