PMO SECURITY SERVICES
REVISED MISSOURI STATUTES - USE OF FORCE
RSMo 563.011. Chapter definitions. As used in this chapter:
- (1) "Deadly force" means physical force which the actor uses with the purpose of causing or which he or she knows to create a substantial risk of causing death or serious physical injury.
- (2) "Dwelling", any building, inhabitable structure, or conveyance of any kind, whether the building, inhabitable structure, or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night;
- (3) "Forcible felony", any felony involving the use or threat of physical force or violence against any individual, including but not limited to murder, robbery, burglary, arson, kidnapping, assault, and any forcible sexual offense;
- (4) "Premises" includes any building, inhabitable structure and any real property.
- (5) "Private person" means any person other than a law enforcement officer.
- (6) "Private property", any real property in this state that is privately owned or leased;
- (7) "Remain after unlawfully entering", to remain in or upon premises after unlawfully entering as defined in this section;
- (8) "Residence", a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest;
- (9) "Unlawfully enter", a person unlawfully enters in or upon premises or private property when he or she enters such premises or private property and is not licensed or privileged to do so. A person who, regardless of his or her purpose, enters in or upon private property or premises that are at the time open to the public does so with license unless he or she defies a lawful order not to enter, personally communicated to him or her by the owner of such premises or by another authorized person. A license to enter in a building that is only partly open to the public is not a license to enter in that part of the building that is not open to the public.
RSMo 563.026. Justification generally.
- 1. Unless inconsistent with other provisions of this chapter defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute any crime other than a class A felony or murder is justifiable and not criminal when it is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no fault of the actor, and which is of such gravity that, according to ordinary standards of intelligence and orality, the desirability of avoiding the injury outweighs the desirability of avoiding the injury sought to be prevented by the statute defining the crime charged.
- 2. The necessity and justifiability of conduct under subsection 1 may not rest upon considerations pertaining only to the morality and advisability of the statute, either in its general application or with respect to its application to a particular class of cases arising thereunder. Whenever evidence relating to the defense of justification under the section is offered, the court shall rule as a matter of law whether the claimed facts and circumstances would, if established, constitute a justification.
- 3. The defense of justification under this section is an affirmative defense.
RSMo 563.031. Use of force in defense of persons.
- 1. A person may, subject to the provisions of subsection 2 of this section, use physical force upon another person when and to the extent he or she reasonably believes such force to be necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful force by such other person, unless:
- (1) The actor was the initial aggressor; except that in such case his or her use of force is nevertheless justifiable provided:
- (a) He or she has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened use of unlawful force; or
- (b) He oe she is a law enforcement officer and as such is an aggressor pursuant to section 563.046; or
- (c) The aggressor is justified under some other provision of this chapter or other provision of law;
- (2) Under the circumstances as the actor reasonably believes them to be, the person whom he or she seeks to protect would not be justified in using such protective force;
- (3) The actor was attempting to commit, committing, or escaping after the commission of a forcible felony.
- 2. A person may not use deadly force upon another person under the circumstances specified in subsection 1 of this section unless:
- (1) He or she reasonably believes that such deadly force is necessary to protect himself or herself or her unborm child or another against death, serious physical injury, or any forcible felony;
- (2) Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter a dwelling, residence, or vehicle lawfully occupied by such person; or.
- (3) Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter private property that is owned or leased by an individual claiming a justification of using protective force under this section.
- 3. A person does not have a duty to retreat from a dwelling, residence, or vehicle where the person is not unlawfully entering or unlawfully remaining. A person does not have a duty to retreat from private property that is owned or leased by such individual.
- 4. The justification afforded by this section extends to the use of physical restraint as protective force provided that the actor takes all reasonable measures to terminate the restraint as soon as it is reasonable to do so.
- 5. The defendant shall have the burden of injecting the issue of justification under this section. If a defendant asserts that his or her use of force is described under subdivision (2) of subsection 2 of this section, the burden shall then be on the state to prove beyond a reasonable doubt that the defendant did not reasonably believe that the use of such force was necessary to defend against what he or she reasonably believed was the use or imminent use of unlawful force.
(L. 1977 S.B. 60, A.L. 1993 S.B. 180, A.L. 2007 S.B. 62 & 41, A.L. 2010 H.B. 1692, et al. merged with H.B. 2081)
RSMo 563.041. Use of physical force in defense of property.
- 1. A person may, subject to the provisions of subsection 2, use physical force upon another person when and to the extent that he reasonably believes it necessary to prevent what he reasonably believes to be the commission or attempted commission by such person of stealing, property damage or tampering in any degree.
- 2. A person may use deadly force under circumstances described in subsection 1 above only when such use of deadly force is authorized under other sections of this chapter.
- 3. The justification afforded by this section extends to the use of physical restraint as protective force provided that the actor takes all reasonable measures to terminate the restraint as soon as it is reasonable to do so.
- 4. The defendant shall have the burden of injecting the issue of justification under this section.
RSMo 563.074. Justification as an absolute defense, when
- 1. Notwithstanding the provisions of section 563.016, a person who uses force as described in sections 563.031, 563.041, 563.046, 563.051, 563.056, and 563.061 is justified in using such force and such fact shall be an absolute defense to criminal prosecution or civil liability.
- 2. The court shall award attorney's fees, court costs, and all reasonable expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant has an absolute defense as provided in subsection 1 of this section.
PMO Security Services, Wichita, KS
Last Modified: 5 January 2015