Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
< > Effective - 28 Sep 1983, 2 histories, see footnote (history)*563.056. Until December 31, 2016 — Use of force to prevent escape from confinement. — 1. A guard or other law enforcement officer may, subject to the provisions of subsection 2, use physical force when he reasonably believes such to be immediately necessary to prevent escape from confinement or in transit thereto or therefrom.
2. A guard or other law enforcement officer may use deadly force under circumstances described in subsection 1 only
(1) When such use of deadly force is authorized under other sections of this chapter; or
(2) When he reasonably believes there is a substantial risk that the escapee will endanger human life or cause serious physical injury unless the escape is prevented.
3. The defendant shall have the burden of injecting the issue of justification under this section.
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(L. 1977 S.B. 60, A.L. 1983 H.B. 713 Revision)
*This section was amended by S.B. 491, 2014, effective 1-01-17. Due to the delayed effective date, both versions of this section are printed here.
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563.056 | 1/1/2017 | |||
563.056 | 9/28/1983 | 1/1/2017 |
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