563.031. Use of force in defense of persons. - Missouri Statutes

Use of force in defense of persons.

563.031. 1. A person may, subject to the provisions of subsection 2of this section, use physical force upon another person when and to theextent he or she reasonably believes such force to be necessary to defendhimself or herself or a third person from what he or she reasonablybelieves to be the use or imminent use of unlawful force by such otherperson, unless:

(1) The actor was the initial aggressor; except that in such case hisor her use of force is nevertheless justifiable provided:

(a) He or she has withdrawn from the encounter and effectivelycommunicated such withdrawal to such other person but the latter persistsin continuing the incident by the use or threatened use of unlawful force;or

(b) He or she is a law enforcement officer and as such is anaggressor pursuant to section 563.046; or

(c) The aggressor is justified under some other provision of thischapter or other provision of law;

(2) Under the circumstances as the actor reasonably believes them tobe, the person whom he or she seeks to protect would not be justified inusing such protective force;

(3) The actor was attempting to commit, committing, or escaping afterthe commission of a forcible felony.

2. A person may not use deadly force upon another person under thecircumstances specified in subsection 1 of this section unless:

(1) He or she reasonably believes that such deadly force is necessaryto protect himself or herself or another against death, serious physicalinjury, or any forcible felony; or

(2) Such force is used against a person who unlawfully enters,remains after unlawfully entering, or attempts to unlawfully enter adwelling, residence, or vehicle lawfully occupied by such person.

3. A person does not have a duty to retreat from a dwelling,residence, or vehicle where the person is not unlawfully entering orunlawfully remaining.

4. 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.

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

(L. 1977 S.B. 60, A.L. 1993 S.B. 180, A.L. 2007 S.B. 62 & 41)