Missouri Revised Statutes
Chapter 563
Defense of Justification
←563.056
Section 563.061.1
563.061→
August 28, 2015
Beginning January 1, 2017--Use of force by persons with responsibility for care, discipline or safety of others.
563.061. 1. The use of physical force by an actor upon another
person is justifiable when the actor is a parent, guardian or other person
entrusted with the care and supervision of a minor or an incompetent person
or when the actor is a teacher or other person entrusted with the care and
supervision of a minor for a special purpose; and
(1) The actor reasonably believes that the force used is necessary to
promote the welfare of a minor or incompetent person, or, if the actor's
responsibility for the minor is for special purposes, to further that
special purpose or to maintain reasonable discipline in a school, class or
other group; and
(2) The force used is not designed to cause or believed to create a
substantial risk of causing death, serious physical injury, disfigurement,
extreme pain or extreme emotional distress.
2. A warden or other authorized official of a jail, prison or
correctional institution may, in order to maintain order and discipline,
use whatever physical force, including deadly force, that is authorized by
law.
3. The use of physical force by an actor upon another person is
justifiable when the actor is a person responsible for the operation of or
the maintenance of order in a vehicle or other carrier of passengers and
the actor reasonably believes that such force is necessary to prevent
interference with its operation or to maintain order in the vehicle or
other carrier, except that deadly force may be used only when the actor
reasonably believes it necessary to prevent death or serious physical
injury.
4. The use of physical force by an actor upon another person is
justified when the actor is a physician or a person assisting at his or her
direction; and
(1) The force is used for the purpose of administering a medically
acceptable form of treatment which the actor reasonably believes to be
adapted to promoting the physical or mental health of the patient; and
(2) The treatment is administered with the consent of the patient or,
if the patient is a minor or an incompetent person, with the consent of the
parent, guardian, or other person legally competent to consent on his or
her behalf, or the treatment is administered in an emergency when the actor
reasonably believes that no one competent to consent can be consulted and
that a reasonable person, wishing to safeguard the welfare of the patient,
would consent.
5. The use of physical force by an actor upon another person is
justifiable when the actor acts under the reasonable belief that:
(1) Such other person is about to commit suicide or to inflict
serious physical injury upon himself or herself; and
(2) The force used is necessary to thwart such result.
6. The defendant shall have the burden of injecting the issue of
justification under this section.
(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Effective 1-01-17
1991
1991
563.061. 1. The use of physical force by an actor upon another person is
justifiable when the actor is a parent, guardian or other person entrusted
with the care and supervision of a minor or an incompetent person or when the
actor is a teacher or other person entrusted with the care and supervision of
a minor for a special purpose; and
(1) The actor reasonably believes that the force used is necessary to
promote the welfare of a minor or incompetent person, or, if the actor's
responsibility for the minor is for special purposes, to further that special
purpose or to maintain reasonable discipline in a school, class or other
group; and
(2) The force used is not designed to cause or believed to create a
substantial risk of causing death, serious physical injury, disfigurement,
extreme pain or extreme emotional distress.
2. A warden or other authorized official of a jail, prison or
correctional institution may, in order to maintain order and discipline, use
whatever physical force, including deadly force, that is authorized by law.
3. The use of physical force by an actor upon another person is
justifiable when the actor is a person responsible for the operation of or
the maintenance of order in a vehicle or other carrier of passengers and the
actor reasonably believes that such force is necessary to prevent interference
with its operation or to maintain order in the vehicle or other carrier,
except that deadly force may be used only when the actor reasonably believes
it necessary to prevent death or serious physical injury.
4. The use of physical force by an actor upon another person is
justified when the actor is a physician or a person assisting at his
direction; and
(1) The force is used for the purpose of administering a medically
acceptable form of treatment which the actor reasonably believes to be
adapted to promoting the physical or mental health of the patient; and
(2) The treatment is administered with the consent of the patient or, if
the patient is a minor or an incompetent person, with the consent of the
parent, guardian, or other person legally competent to consent on his behalf,
or the treatment is administered in an emergency when the actor reasonably
believes that no one competent to consent can be consulted and that a
reasonable person, wishing to safeguard the welfare of the patient, would
consent.
5. The use of physical force by an actor upon another person is
justifiable when the actor acts under the reasonable belief that
(1) Such other person is about to commit suicide or to inflict serious
physical injury upon himself; and
(2) The force used is necessary to thwart such result.
6. The defendant shall have the burden of injecting the issue of
justification under this section.
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