Statute:

Justification; use of physical force generally

ยง 35.10 Justification; use of physical force generally.

The use of physical force upon another person which would otherwise
constitute an offense is justifiable and not criminal under any of the
following circumstances:

1. A parent, guardian or other person entrusted with the care and
supervision of a person under the age of twenty-one or an incompetent
person, and a teacher or other person entrusted with the care and
supervision of a person under the age of twenty-one for a special
purpose, may use physical force, but not deadly physical force, upon
such person when and to the extent that he reasonably believes it
necessary to maintain discipline or to promote the welfare of such
person.

2. A warden or other authorized official of a jail, prison or
correctional institution may, in order to maintain order and discipline,
use such physical force as is authorized by the correction law.

3. A person responsible for the maintenance of order in a common
carrier of passengers, or a person acting under his direction, may use
physical force when and to the extent that he reasonably believes it
necessary to maintain order, but he may use deadly physical force only
when he reasonably believes it necessary to prevent death or serious
physical injury.

4. A person acting under a reasonable belief that another person is
about to commit suicide or to inflict serious physical injury upon
himself may use physical force upon such person to the extent that he
reasonably believes it necessary to thwart such result.

5. A duly licensed physician, or a person acting under a physician's
direction, may use physical force for the purpose of administering a
recognized form of treatment which he or she reasonably believes to be
adapted to promoting the physical or mental health of the patient if (a)
the treatment is administered with the consent of the patient or, if the
patient is under the age of eighteen years or an incompetent person,
with the consent of the parent, guardian or other person entrusted with
the patient's care and supervision, or (b) the treatment is administered
in an emergency when the physician reasonably believes that no one
competent to consent can be consulted and that a reasonable person,
wishing to safeguard the welfare of the patient, would consent.

6. A person may, pursuant to the ensuing provisions of this article,
use physical force upon another person in self-defense or defense of a
third person, or in defense of premises, or in order to prevent larceny
of or criminal mischief to property, or in order to effect an arrest or
prevent an escape from custody. Whenever a person is authorized by any
such provision to use deadly physical force in any given circumstance,
nothing contained in any other such provision may be deemed to negate or
qualify such authorization.

PEN 35.10 2014-09-22

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