Rhode Island has a Castle Doctrine but does not have a Stand Your Ground law. The Castle Doctrine is codified in R.I. Gen. Laws § 11-8-8 (enacted 1956)...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
Rhode Island has a Castle Doctrine but does not have a Stand Your Ground law. The Castle Doctrine is codified in R.I. Gen. Laws § 11-8-8 (enacted 1956) and has been clarified and extended by Rhode Island Supreme Court case law. Outside of buildings, Rhode Island imposes a duty to retreat before using lethal force in self-defense.
The statute creates a rebuttable presumption that an owner, tenant, or occupier of a building acted in reasonable self-defense when a person dies or is injured while committing a criminal offense defined in §§ 11-8-2 through 11-8-6 (breaking and entering statutes). Key provisions:
The statute is tied to offenses under §§ 11-8-2 through 11-8-6 (breaking and entering), which cover:
The Castle Doctrine does not apply in outside areas or on public streets.
| Location | Daytime | Nighttime |
|---|---|---|
| Dwelling house | Full protection against break-in | Full protection against break-in |
| Other buildings | Intruder must be breaking in with intent to commit murder, sexual assault, robbery, or larceny | Intruder must be breaking in with intent to commit any felony or misdemeanor |
| Case | Year | Holding |
|---|---|---|
| State v. Fetzik (1990.RI.0001524) | 1990 | No duty to retreat when an uninvited intruder enters a dwelling by any means (not just breaking in). Extended § 11-8-8 beyond its literal "breaking and entering" language. |
| State v. Walton (1992.RI.0001105) | 1992 | No duty to retreat when a social guest is ordered to leave, refuses, and then attacks the occupant. The guest becomes a trespasser upon refusing to leave. |
| State v. Quarles | - | Exception: The obligation to attempt retreat does exist when assaulted by a co-occupant (someone who also lives in the home). |
Rhode Island requires a duty to retreat in situations where the Castle Doctrine does not apply:
Rhode Island does not have a Stand Your Ground law. There is no statutory or case law provision eliminating the duty to retreat in public spaces. Standard self-defense law applies outside of buildings: when faced with lethal force, you must retreat if a known avenue of retreat is safely available.
| Scenario | Duty to Retreat? | Presumption of Self-Defense? |
|---|---|---|
| In your home, intruder breaks in | No | Yes (§ 11-8-8) |
| In your home, uninvited person enters without breaking in | No | Yes (State v. Fetzik) |
| In your home, guest ordered to leave but refuses and attacks | No | Yes (State v. Walton) |
| In your home, attacked by cohabitant | Yes | No (State v. Quarles) |
| In another building, person breaks in (qualifying offense) | No | Yes (§ 11-8-8) |
| Outdoors or on a public street | Yes | No |
This page covers one part of our Rhode Island concealed carry guide.
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