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§ 148-46. Degree of protection against violence allowed.

§148‑46.  Degree of protection against violence allowed.

(a)        When any prisoner,or several combined shall offer violence to any officer, overseer, or guard, orto any fellow prisoner, or attempt to do any injury to the prison building, orto any workshop, or other equipment, or shall attempt to escape, or shallresist, or disobey any lawful command, the officer, overseer, or guard shalluse any means necessary to defend himself, or to enforce the observance ofdiscipline, or to secure the person of the offender, and to prevent an escape.

(b)        A misdemeanorprisoner classified and treated as a convicted felon as the result of aconsecutive felony sentence or sentences, or a convicted felon placed in thecustody of the Secretary of Correction pending the outcome of an appeal, or adefendant charged with a felony or felonies and placed in the custody of theSecretary of Correction pending trial, shall be considered as a convicted felonin the custody of the Secretary of Correction against whom any means reasonablynecessary, including deadly force, may be used to prevent an escape. (1933,c. 172, s. 27; 1975, c. 230.)

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