Under what circumstance is justification unavailable when an actor uses force according to the Penal Code?

Justification for using force is rooted in the principle that individuals may defend themselves or others from imminent harm. Under the Penal Code, certain actions may negate the availability of justification, particularly when it comes to the failure to exercise reasonable care.

The scenario where an actor recklessly injures an innocent third person illustrates a critical distinction. Justification is typically unavailable in situations where, during an act of force, the individual causes harm to someone who is non-threatening and uninvolved in the conflict (the innocent third person). This is because the law requires a person to act with a certain level of care and awareness; recklessness indicates a disregard for that responsibility. When an actor does not act within the bounds of reasonable care and their actions lead to unnecessary harm to bystanders, they forfeit the justification provided under self-defense or other lawful uses of force.

In contrast, situations involving threats without provocation, being attacked first, or using force in self-defense generally fall within accepted bounds of justification if the criteria are met for immediacy and necessity.