563.041. Use of physical force in defense of property. - Missouri Statutes

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Statutes > Missouri > T38 > C563 > 563_041

Use of physical force in defense of property.

563.041. 1. A person may, subject to the limitations of subsection2, use physical force upon another person when and to the extent that he orshe reasonably believes it necessary to prevent what he or she reasonablybelieves to be the commission or attempted commission by such person ofstealing, property damage or tampering in any degree.

2. A person may use deadly force under circumstances described insubsection 1 only when such use of deadly force is authorized under othersections of this chapter.

3. The justification afforded by this section extends to the use ofphysical restraint as protective force provided that the actor takes allreasonable measures to terminate the restraint as soon as it is reasonableto do so.

4. The defendant shall have the burden of injecting the issue ofjustification under this section.

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

State Codes and Statutes

Statutes > Missouri > T38 > C563 > 563_041

Use of physical force in defense of property.

563.041. 1. A person may, subject to the limitations of subsection2, use physical force upon another person when and to the extent that he orshe reasonably believes it necessary to prevent what he or she reasonablybelieves to be the commission or attempted commission by such person ofstealing, property damage or tampering in any degree.

2. A person may use deadly force under circumstances described insubsection 1 only when such use of deadly force is authorized under othersections of this chapter.

3. The justification afforded by this section extends to the use ofphysical restraint as protective force provided that the actor takes allreasonable measures to terminate the restraint as soon as it is reasonableto do so.

4. The defendant shall have the burden of injecting the issue ofjustification under this section.

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

State Codes and Statutes

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State Codes and Statutes

Statutes > Missouri > T38 > C563 > 563_041

Use of physical force in defense of property.

563.041. 1. A person may, subject to the limitations of subsection2, use physical force upon another person when and to the extent that he orshe reasonably believes it necessary to prevent what he or she reasonablybelieves to be the commission or attempted commission by such person ofstealing, property damage or tampering in any degree.

2. A person may use deadly force under circumstances described insubsection 1 only when such use of deadly force is authorized under othersections of this chapter.

3. The justification afforded by this section extends to the use ofphysical restraint as protective force provided that the actor takes allreasonable measures to terminate the restraint as soon as it is reasonableto do so.

4. The defendant shall have the burden of injecting the issue ofjustification under this section.

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