563.061. Use of force by persons with responsibility for care, discipline or safety of others. - Missouri Statutes

Use of force by persons with responsibility for care, discipline orsafety of others.

563.061. 1. The use of physical force by an actor uponanother person is justifiable when the actor is a parent,guardian or other person entrusted with the care and supervisionof a minor or an incompetent person or when the actor is ateacher or other person entrusted with the care and supervisionof a minor for a special purpose; and

(1) The actor reasonably believes that the force used isnecessary to promote the welfare of a minor or incompetentperson, or, if the actor's responsibility for the minor is forspecial purposes, to further that special purpose or to maintainreasonable discipline in a school, class or other group; and

(2) The force used is not designed to cause or believed tocreate a substantial risk of causing death, serious physicalinjury, disfigurement, extreme pain or extreme emotionaldistress.

2. A warden or other authorized official of a jail, prisonor correctional institution may, in order to maintain order anddiscipline, use whatever physical force, including deadly force,that is authorized by law.

3. The use of physical force by an actor upon another personis justifiable when the actor is a person responsible for theoperation of or the maintenance of order in a vehicle or othercarrier of passengers and the actor reasonably believes that suchforce is necessary to prevent interference with its operation orto maintain order in the vehicle or other carrier, except thatdeadly force may be used only when the actor reasonably believesit necessary to prevent death or serious physical injury.

4. The use of physical force by an actor upon another personis justified when the actor is a physician or a person assistingat his direction; and

(1) The force is used for the purpose of administering amedically acceptable form of treatment which the actor reasonablybelieves to be adapted to promoting the physical or mental healthof the patient; and

(2) The treatment is administered with the consent of thepatient or, if the patient is a minor or an incompetent person,with the consent of the parent, guardian, or other person legallycompetent to consent on his behalf, or the treatment isadministered in an emergency when the actor reasonably believesthat no one competent to consent can be consulted and that areasonable person, wishing to safeguard the welfare of thepatient, would consent.

5. The use of physical force by an actor upon another personis justifiable when the actor acts under the reasonable beliefthat

(1) Such other person is about to commit suicide or toinflict serious physical injury upon himself; and

(2) The force used is necessary to thwart such result.

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

(L. 1977 S.B. 60)

Effective 1-1-79