Effective - 01 Jan 2017, 2 histories
563.056. Use of force to prevent escape from confinement. — 1. A guard or other law enforcement officer may, subject to the provisions of subsection 2 of this section, 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 of this section only:
(1) When such use of deadly force is authorized under other sections of this chapter; or
(2) When he or she 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, A.L. 2014 S.B. 491)
Effective 1-01-17
Structure Missouri Revised Statutes
Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders
Chapter 563 - Defense of Justification
Section 563.011 - Chapter definitions.
Section 563.016 - Civil remedies unaffected.
Section 563.021 - Execution of public duty.
Section 563.026 - Justification generally.
Section 563.031 - Use of force in defense of persons.
Section 563.041 - Use of physical force in defense of property.
Section 563.046 - Law enforcement officer's use of force in making an arrest.
Section 563.051 - Private person's use of force in making an arrest.
Section 563.056 - Use of force to prevent escape from confinement.
Section 563.070 - Accidents an excuse for offense, when.
Section 563.074 - Justification as an absolute defense, when.