563.021. Execution of public duty. - Missouri Statutes

Execution of public duty.

563.021. 1. Unless inconsistent with the provisions of thischapter defining the justifiable use of physical force, or withsome other provision of law, conduct which would otherwiseconstitute an offense is justifiable and not criminal when suchconduct is required or authorized by a statutory provision or bya judicial decree. Among the kinds of such provisions anddecrees are:

(1) Laws defining duties and functions of public servants;

(2) Laws defining duties of private persons to assist publicservants in the performance of their functions;

(3) Laws governing the execution of legal process;

(4) Laws governing the military services and the conduct ofwar;

(5) Judgments and orders of courts.

2. The defense of justification afforded by subsection 1 ofthis section applies:

(1) When a person reasonably believes his conduct to berequired or authorized by the judgment or directions of acompetent court or tribunal or in the legal execution of legalprocess, notwithstanding lack of jurisdiction of the court ordefect in the legal process;

(2) When a person reasonably believes his conduct to berequired or authorized to assist a public servant in theperformance of his duties, notwithstanding that the publicservant exceeded his legal authority.

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

(L. 1977 S.B. 60)

Effective 1-1-79