563.026. Justification generally. - Missouri Statutes

Justification generally.

563.026. 1. Unless inconsistent with other provisions ofthis chapter defining justifiable use of physical force, or withsome other provision of law, conduct which would otherwiseconstitute any crime other than a class A felony or murder isjustifiable and not criminal when it is necessary as an emergencymeasure to avoid an imminent public or private injury which isabout to occur by reason of a situation occasioned or developedthrough no fault of the actor, and which is of such gravity that,according to ordinary standards of intelligence and morality, thedesirability of avoiding the injury outweighs the desirability ofavoiding the injury sought to be prevented by the statutedefining the crime charged.

2. The necessity and justifiability of conduct undersubsection 1 may not rest upon considerations pertaining only tothe morality and advisability of the statute, either in itsgeneral application or with respect to its application to aparticular class of cases arising thereunder. Whenever evidencerelating to the defense of justification under this section isoffered, the court shall rule as a matter of law whether theclaimed facts and circumstances would, if established, constitutea justification.

3. The defense of justification under this section is anaffirmative defense.

(L. 1977 S.B. 60)

Effective 1-1-79