State v. Anderson, 972 P.2d 32 (Okla. Crim. App. 1998)

Facts: Anderson was charged with first-degree murder and shooting with intent to kill. He requested a jury instruction on the affirmative defense in Oklahoma's "Make My Day" law (§ 1289.25), which permits any occupant of a dwelling to use deadly force against an unlawful entrant. The State argued Anderson did not qualify because he was an invited guest, not the homeowner. Trial court gave the instruction; jury acquitted. State appealed on the reserved question of law.
Issue: (1) Whether "occupant" in § 1289.25 includes visitors. (2) Whether the jury instruction needed an independent reasonableness check on the force used.
Rule: (1) "Occupant" includes any person legally inside the dwelling, not just homeowners. (2) The statute requires the occupant only to reasonably believe the intruder might use any physical force; the statute does not impose a separate "reasonable under the circumstances" test on the amount of force used.
Analysis: Statutory construction favors the legislative intent to provide broad protection to occupants of dwellings. The statute's plain text places the only reasonableness requirement on the belief about the intruder's intent—not on the proportionality of the response.
Judgment: State's appeal denied; lower court's instruction approved.

Reading: pp. 618–24. See Defense of Dwelling.