Except as otherwise provided by §§ 7.86 and 7.96, the use of force upon or toward another person is justifiable when the defendant believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion. SOURCE: G.P.C. § 197(1),(3); *M.P.C. § 3.04(1); Cal. § 630 (1971); Mass. ch. 263, § 35(a); N.J. § 2C:3-4(a). CROSS-REFERENCES: § 7.84 and 7.86 of this Code; See Comment after § 7.86. COMMENT: This Section is the general Section relative to the justification commonly known as “self-defense”. The main difference between the treatment of “self-defense in this Section and as it has been treated in the case law of Guam is that this Section limits self-defense to situations where the force is immediately necessary for self protection against unlawful force “on the present occasion.” Thus, the common claim of self-defense now used by defendants alleging that they were justified because the victim “was known to” carry fire arms in the past is clearly no longer a defense under this Section. The danger must be present at the time the force is used and reputation along will not serve as a justification. This should severely limit the use of this defense in comparison with practice.
COL 2026-04-23