Oklahoma § 22-73 - Deadly force to protect unborn justified - Circumstances

§ 22-73. Deadly force to protect unborn justified - Circumstances

A. A pregnant woman is justified in using force or deadly force

against another to protect her unborn child if:

1. Under the circumstances as the pregnant woman reasonably

believes them to be, she would be justified in using force or deadly

force to protect herself against the unlawful force or unlawful

deadly force she reasonably believes to be threatening her unborn

child; and

2. She reasonably believes that her intervention and use of

force or deadly force are immediately necessary to protect her

unborn child.

B. This affirmative defense to criminal liability does not

apply to:

1. Acts committed by anyone other than the pregnant woman;

2. Acts where the pregnant woman would be obligated to retreat,

to surrender the possession of a thing, or to comply with a demand

before using force in self-defense. However, the pregnant woman is

not obligated to retreat before using force or deadly force to

protect her unborn child, unless she knows that she can thereby

secure the complete safety of her unborn child; or

3. The defense of human embryos existing outside of a woman’s

body.

Added by Laws 2009, c. 61, § 4, eff. Nov. 1, 2009.