Section 563.041

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 563

Effective - 28 Aug 2007, 2 histories, see footnote   (history) 

  563.041.  Use of physical force in defense of property. — 1.  A person may, subject to the limitations of subsection 2, use physical force upon another person when and to the extent that he or she reasonably believes it necessary to prevent what he or she 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 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.

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(L. 1977 S.B. 60, A.L. 2007 S.B. 62 & 41)