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REVISED MISSOURI STATUTES - ARREST AND USE OF FORCE

RSMo 544.180. Arrest.

RSMo 563.011. Chapter definitions.

• (1) "Deadly force" means physical force which the actor uses with the purpose of causing or which he or she knows to create a substantial risk of causing death or serious physical injury.
  
• (2) "Dwelling" means, any building or, inhabitable structure, though movable or temporary, or a portion thereof, which is for the time being the actor's home or place of lodging or conveyance of any kind, whether the building, inhabitable structure, or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night;
  
• (3) "Forcible felony", any felony involving the use or threat of physical force or violence against any individual, including but not limited to murder, robbery, burglary, arson, kidnapping, assault, and any forcible sexual offense;
  
• (4) "Premises" includes any building, inhabitable structure and any real property.
  
• (5) "Private person" means any person other than a law enforcement officer.
  
• (6) "Remain after unlawfully entering", to remain in or upon premises after unlawfully entering as defined in this section;
  
• (7) "Residence", a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest;
  
• (8) "Unlawfully enter", a person unlawfully enters in or upon premises when he or she enters such premises and is not licensed or privileged to do so. A person who, regardless of his or her purpose, enters in or upon premises that are at the time open to the public does so with license unless he or she defies a lawful order not to enter, personally communicated to him or her by the owner of such premises or by another authorized person. A license to enter in a building that is only partly open to the public is not a license to enter in that part of the building that is not open to the public.

RSMo 563.021. Execution of public duty.

• 1. Unless inconsistent with the provisions of this chapter defining the justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when such conduct is required or authorized by a statutory provision or by a judicial decree. Among the kinds of such provisions and decrees are:
  
  • (1) Laws defining duties and functions of public servants;
    
  • (2) Laws defining duties of private persons to assist public servants in the performance of their functions;
    
  • (3) Laws governing the execution of legal process;
    
  • (4) Laws governing the military services and the conduct of war;
    
  • (5) Judgments and orders of courts.
  
  
• 2. The defense of justification afforded by subsection 1 of this section applies:
  
  • (1) When a person reasonably believes his conduct to be required or authorized by the judgment or directions of a competent court or tribunal or in the legal execution of legal process, notwithstanding lack or jurisdiction of the court or defect of the process;
    
  • (2) When a person reasonably believes his conduct to be required or authorized to assist a public servant in the performance of his duties, notwithstanding that the public servant exceeded his legal authority.
  
  
• 3. The defendant shall have the burden of injecting the issue of justification under this section.

RSMo 563.026. Justification generally.

• 1. Unless inconsistent with other provisions of this chapter defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute any crime other than a class A felony or murder is justifiable and not criminal when it is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no fault of the actor, and which is of such gravity that, according to ordinary standards of intelligence and orality, the desirability of avoiding the injury outweighs the desirability of avoiding the injury sought to be prevented by the statute defining the crime charged.
  
• 2. The necessity and justifiability of conduct under subsection 1 may not rest upon considerations pertaining only to the morality and advisability of the statute, either in its general application or with respect to its application to a particular class of cases arising thereunder. Whenever evidence relating to the defense of justification under the section is offered, the court shall rule as a matter of law whether the claimed facts and circumstances would, if established, constitute a justification.
  
• 3. The defense of justification under this section is an affirmative defense.

RSMo 563.031. Use of force in defense of persons.

• 1. A person may, subject to the provisions of subsection 2 of this section, use physical force upon another person when and to the extent he or she reasonably believes such force to be necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful force by such other person, unless:
  
  
  • (1) The actor was the initial aggressor; except that in such case his use of force is nevertheless justifiable provided:
    
    
    • (a) He or she has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened use of unlawful force; or
      
    • (b) He oe she is a law enforcement officer and as such is an aggressor pursuant to section 563.046; or
      
    • (c) The aggressor is justified under some other provision of this chapter or other provision of law;
    
    
  • (2) Under the circumstances as the actor reasonably believes them to be, the person whom he or she seeks to protect would not be justified in using such protective force;
    
  • (3) The actor was attempting to commit, committing, or escaping after the commission of a forcible felony.
  
  
• 2. A person may not use deadly force upon another person under the circumstances specified in subsection 1 of this section unless:
  
  
  • (1) He or she reasonably believes that such deadly force is necessary to protect himself or herself or another against death, serious physical injury, 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 a dwelling, 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 or unlawfully remaining.
  
• 4. The justification afforded by this section extends to the use of physical restraint as protective force provided that the actor takes all reasonable measures to terminate the restraint as soon as it is reasonable to do so.
  
• 5. The defendant shall have the burden of injecting the issue of justification under this section.

RSMo 563.036. Use of physical force in defense of premises.

• 1. A person in possession or control of premises or a person who is licensed or privileged to be thereon, may, subject to the provisions of subsection 2, use physical force upon another person when and to the extent that he reasonably believes it necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission of the crime of trespass by the other person.
  
• 2. A person may use deadly force under circumstances described in subsection 1 above only:
  
  
  • (1) When such use of deadly force is authorized under other sections of this chapter; or
    
  • (2) When he reasonably believes it necessary to prevent what he reasonably believes to be an attempt by the trespasser to commit arson or burglary upon his dwelling.
  
  
• 3. The defendant shall have the burden of injecting the issue of justification under this section.

RSMo 563.041. Use of physical force in defense of property.

• 1. A person may, subject to the provisions of subsection 2, use physical force upon another person when and to the extent that he reasonably believes it necessary to prevent what he reasonably believes to be the commission or attempted commission by such person of stealing, property damage or tampering in any degree.
  
• 2. A person may use deadly force under circumstances described in subsection 1 above only when such use of deadly force is authorized under other sections of this chapter.
  
• 3. The justification afforded by this section extends to the use of physical restraint as protective force provided that the actor takes all reasonable measures to terminate the restraint as soon as it is reasonable to do so.
  
• 4. The defendant shall have the burden of injecting the issue of justification under this section.

RSMo 563.046 Law enforcement officer's use of force in making an arrest.

• 1. A law enforcement officer need not retreat or desist from efforts to effect the arrest, or from efforts to prevent the escape from custody, of a person he reasonably believes to have committed an offense because of resistance or threatened resistance of the arrestee. In addition to the use of physical force authorized under other sections of this chapter, he is, subject to the provisions of subsections 2 and 3, justified in the use of such physical force as he reasonably believes is immediately necessary to effect the arrest or to prevent the escape from custody.
  
• 2. The use of any physical force in making an arrest is not justified under this section unless the arrest is lawful or the law enforcement officer reasonably believes the arrest is lawful.
  
• 3. A law enforcement officer in effecting an arrest or in preventing an escape from custody is justified in using deadly force only:
  
  
  • (1) When such is authorized under other sections of this chapter; or
    
  • (2) When he reasonably believes that such use of deadly force is immediately necessary to effect the arrest and also reasonably believes that the person to be arrested:
  
  
  • (a) Has committed or attempted to commit a felony; or
    
  • (b) Is attempting to escape by use of a deadly weapon; or
    
  • (c) May otherwise endanger life or inflict serious physical injury unless arrested without delay.
  
  
• 4. The defendant shall have the burden of injecting the issue of justification under this section.

RSMo 563.051 Private person's use of force in making an arrest.

• 1. A private person who has been directed by a person he reasonably believes to be a law enforcement officer to assist such officer to effect an arrest or to prevent the escape from custody may, subject to the limitations of subsection 3, use physical force when and to the extent that he reasonably believes such to be necessary to carry out such officer's direction unless he knows or believes that the arrest or prospective arrest is not or was not authorized.
  
• 2. A private person acting on his own account may, subject to the limitations of subsection 3, use physical force to effect arrest or prevent escape only when and to the extent such is immediately necessary to effect the arrest, or to prevent escape from custody, of a person when he reasonably believes to have committed a crime.
  
• 3. A private person in effecting an arrest or in preventing an escape from custody is justified in using deadly force only:
  
  • (1) When such is authorized under other sections of this chapter; or
    
  • (2) When he reasonably believes such use of deadly force to be authorized under the circumstances and he is directed or authorized by a law enforcement officer to use deadly force; or
    
  • (3) When he reasonably believes such use of deadly force is immediately necessary to effect the arrest of a person who at that time and in his presence:
    
    
    • (a) Has committed or attempted to commit a class A felony or murder; or
      
    • (b) Is attempting to escape by use of a deadly weapon; or
     
  
  
• 4. The defendant shall have the burden of injecting the issue of justification under this section.

RSMo 563.074.

• 1. Notwithstanding the provisions of section 563.016, a person who uses force as described in sections 563.031, 563.041, 563.046, 563.051, 563.056, and 563.061 is justified in using such force and such fact shall be an absolute defense to criminal prosecution or civil liability.
  
• 2. The court shall award attorney's fees, court costs, and all reasonable expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant has an absolute defense as provided in subsection 1 of this section.

RSMo 537.125. Shoplifting--detention of suspect by merchant--liability presumption.

• 1. As used in this section:
  
  
  • (1) "Mercantile establishment" means any mercantile place of business in, at or from which goods, wares and merchandise are sold, offered for sale or delivered from and sold at retail or wholesale.
    
  • (2) "Merchandise" means all goods, wares and merchandise offered for sale or displayed by merchant.
    
  • (3) "Merchant" means any corporation, partnership, association or person who is engaged in the business of selling goods, wares and merchandise in a mercantile establishment.
    
  • (4) "Wrongful taking" includes stealing of merchandise or money and any other wrongful appropriation of merchandise or money.
  
  
• 2. Any merchant, his agent or employee, who has reasonable grounds or probable cause to believe that a person has committed or is committing a wrongful taking of merchandise or money from a mercantile establishment, may detain such person in a reasonable manner and for a reasonable length of time for the purpose of investigating whether there has been a wrongful taking of such merchandise or money. Any such reasonable detention shall not constitute an unlawful arrest or detention, nor shall it render the merchant, his agent or employee, criminally or civilly liable to the person so detained.
  
• 3. Any person willfully concealing unpurchased merchandise of any mercantile establishment, either on the premises or outside the premises of such establishment, shall be presumed to have so concealed such merchandise with the intention of committing a wrongful taking of such merchandise within the meaning of subsection 1, and the finding of such unpurchased merchandise concealed upon the person or among the belongings of such person shall be evidence of reasonable grounds and probable cause for the detention in a reasonable manner and for a reasonable length of time, of such person by a merchant, his agent or employee, in order that recovery of such merchandise may be effected, and any such reasonable detention shall not be deemed to be unlawful, nor render such merchant, his agent or employee criminally or civilly liable.

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