|
Amended
IN
Assembly
March 26, 2026 |
| Introduced by Assembly Member Flora |
February 20, 2026 |
Existing law authorizes a party about to be injured to lawfully resist the commission of a public offense and to use sufficient resistance to prevent the offense. Existing case law provides that, in order to justify an act of self-defense, an individual must have a reasonable belief that the threat is imminent, and limits the right of self-defense to the use of that force that is reasonable under the circumstances.
This bill, the Preemptive Self Defense Act of 2026, would clarify that a party who reasonably perceives an imminent threat of bodily harm may make lawful resistance to the commission of a public offense and that the resistance authorized is required to be proportional to the reasonably perceived threat and to cease when the threat is no longer present. The bill would prohibit a party’s background, training, and professional fighting
skills from being taken into account when determining whether a party has taken reasonable defensive action.
Lawful resistance to the commission of a public offense may be made:
(a)(1)By the party about to be injured, including by a party who reasonably perceives an imminent threat of bodily harm.
(2)For the purposes of this subdivision, “imminent threat of bodily harm” means an action that reasonably indicates a physical attack is about to occur, including, but not limited to, a deliberate feint, fake strike, or other aggressive movement intended to provoke a reaction or create fear of an immediate attack.
(b)By other parties.
(a)Resistance sufficient to prevent the offense may be made by the party about to be injured:
(1)To prevent an offense against
their person, their family, or a member of their family.
(2)To prevent an illegal attempt by force to take or injure property in
their lawful possession.
(b)The resistance authorized by this section shall be proportional to the reasonably perceived threat and shall cease when the threat is no longer present.
(c)A party resisting an imminent threat of bodily harm, as defined in Section 692, shall not be required to wait until a physical attack has begun before taking reasonable defensive action. In determining whether a party has taken reasonable defensive action, the party’s background, training, and professional fighting skills shall not be taken into account.