State Codes and Statutes

Statutes > Missouri > T38 > C563 > 563_051

Private person's use of force in making an arrest.

563.051. 1. A private person who has been directed by aperson he reasonably believes to be a law enforcement officer toassist such officer to effect an arrest or to prevent escape fromcustody may, subject to the limitations of subsection 3, usephysical force when and to the extent that he reasonably believessuch to be necessary to carry out such officer's direction unlesshe knows or believes that the arrest or prospective arrest is notor was not authorized.

2. A private person acting on his own account may, subjectto the limitations of subsection 3, use physical force to effectarrest or prevent escape only when and to the extent such isimmediately necessary to effect the arrest, or to prevent escapefrom custody, of a person whom he reasonably believes to havecommitted a crime and who in fact has committed such crime.

3. A private person in effecting an arrest or in preventingescape from custody is justified in using deadly force only

(1) When such is authorized under other sections of thischapter; or

(2) When he reasonably believes such to be authorized underthe circumstances and he is directed or authorized by a lawenforcement officer to use deadly force; or

(3) When he reasonably believes such use of deadly force isimmediately necessary to effect the arrest of a person who atthat time and in his presence

(a) Committed or attempted to commit a class A felony ormurder; or

(b) Is attempting to escape by use of a deadly weapon.

4. The defendant shall have the burden of injecting theissue of justification under this section.

(L. 1977 S.B. 60)

Effective 1-1-79

State Codes and Statutes

Statutes > Missouri > T38 > C563 > 563_051

Private person's use of force in making an arrest.

563.051. 1. A private person who has been directed by aperson he reasonably believes to be a law enforcement officer toassist such officer to effect an arrest or to prevent escape fromcustody may, subject to the limitations of subsection 3, usephysical force when and to the extent that he reasonably believessuch to be necessary to carry out such officer's direction unlesshe knows or believes that the arrest or prospective arrest is notor was not authorized.

2. A private person acting on his own account may, subjectto the limitations of subsection 3, use physical force to effectarrest or prevent escape only when and to the extent such isimmediately necessary to effect the arrest, or to prevent escapefrom custody, of a person whom he reasonably believes to havecommitted a crime and who in fact has committed such crime.

3. A private person in effecting an arrest or in preventingescape from custody is justified in using deadly force only

(1) When such is authorized under other sections of thischapter; or

(2) When he reasonably believes such to be authorized underthe circumstances and he is directed or authorized by a lawenforcement officer to use deadly force; or

(3) When he reasonably believes such use of deadly force isimmediately necessary to effect the arrest of a person who atthat time and in his presence

(a) Committed or attempted to commit a class A felony ormurder; or

(b) Is attempting to escape by use of a deadly weapon.

4. The defendant shall have the burden of injecting theissue of justification under this section.

(L. 1977 S.B. 60)

Effective 1-1-79


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T38 > C563 > 563_051

Private person's use of force in making an arrest.

563.051. 1. A private person who has been directed by aperson he reasonably believes to be a law enforcement officer toassist such officer to effect an arrest or to prevent escape fromcustody may, subject to the limitations of subsection 3, usephysical force when and to the extent that he reasonably believessuch to be necessary to carry out such officer's direction unlesshe knows or believes that the arrest or prospective arrest is notor was not authorized.

2. A private person acting on his own account may, subjectto the limitations of subsection 3, use physical force to effectarrest or prevent escape only when and to the extent such isimmediately necessary to effect the arrest, or to prevent escapefrom custody, of a person whom he reasonably believes to havecommitted a crime and who in fact has committed such crime.

3. A private person in effecting an arrest or in preventingescape from custody is justified in using deadly force only

(1) When such is authorized under other sections of thischapter; or

(2) When he reasonably believes such to be authorized underthe circumstances and he is directed or authorized by a lawenforcement officer to use deadly force; or

(3) When he reasonably believes such use of deadly force isimmediately necessary to effect the arrest of a person who atthat time and in his presence

(a) Committed or attempted to commit a class A felony ormurder; or

(b) Is attempting to escape by use of a deadly weapon.

4. The defendant shall have the burden of injecting theissue of justification under this section.

(L. 1977 S.B. 60)

Effective 1-1-79