Effective - 28 Aug 2007
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.
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(L. 2007 S.B. 62 & 41)
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.