Statute:

Justification; use of physical force in making an arrest or in preventing an escape

ยง 35.30 Justification; use of physical force in making an arrest or in

preventing an escape.

1. A police officer or a peace officer, in the course of effecting or
attempting to effect an arrest, or of preventing or attempting to
prevent the escape from custody, of a person whom he or she reasonably
believes to have committed an offense, may use physical force when and
to the extent he or she reasonably believes such to be necessary to
effect the arrest, or to prevent the escape from custody, or in
self-defense or to defend a third person from what he or she reasonably
believes to be the use or imminent use of physical force; except that
deadly physical force may be used for such purposes only when he or she
reasonably believes that:

(a) The offense committed by such person was:

(i) a felony or an attempt to commit a felony involving the use or
attempted use or threatened imminent use of physical force against a
person; or

(ii) kidnapping, arson, escape in the first degree, burglary in the
first degree or any attempt to commit such a crime; or

(b) The offense committed or attempted by such person was a felony and
that, in the course of resisting arrest therefor or attempting to escape
from custody, such person is armed with a firearm or deadly weapon; or

(c) Regardless of the particular offense which is the subject of the
arrest or attempted escape, the use of deadly physical force is
necessary to defend the police officer or peace officer or another
person from what the officer reasonably believes to be the use or
imminent use of deadly physical force.

2. The fact that a police officer or a peace officer is justified in
using deadly physical force under circumstances prescribed in paragraphs
(a) and (b) of subdivision one does not constitute justification for
reckless conduct by such police officer or peace officer amounting to an
offense against or with respect to innocent persons whom he or she is
not seeking to arrest or retain in custody.

3. A person who has been directed by a police officer or a peace
officer to assist such police officer or peace officer to effect an
arrest or to prevent an escape from custody may use physical force,
other than deadly physical force, when and to the extent that he or she
reasonably believes such to be necessary to carry out such police
officer's or peace officer's direction, unless he or she knows that the
arrest or prospective arrest is not or was not authorized and may use
deadly physical force under such circumstances when:

(a) He or she reasonably believes such to be necessary for
self-defense or to defend a third person from what he or she reasonably
believes to be the use or imminent use of deadly physical force; or

(b) He or she is directed or authorized by such police officer or
peace officer to use deadly physical force unless he or she knows that
the police officer or peace officer is not authorized to use deadly
physical force under the circumstances.

4. A private person acting on his or her own account may use physical
force, other than deadly physical force, upon another person when and to
the extent that he or she reasonably believes such to be necessary to
effect an arrest or to prevent the escape from custody of a person whom
he or she reasonably believes to have committed an offense and who in
fact has committed such offense; and may use deadly physical force for
such purpose when he or she reasonably believes such to be necessary to:

(a) Defend himself, herself or a third person from what he or she
reasonably believes to be the use or imminent use of deadly physical
force; or

(b) Effect the arrest of a person who has committed murder,
manslaughter in the first degree, robbery, forcible rape or forcible
criminal sexual act and who is in immediate flight therefrom.

5. A guard, police officer or peace officer who is charged with the
duty of guarding prisoners in a detention facility, as that term is
defined in section 205.00, or while in transit to or from a detention
facility, may use physical force when and to the extent that he or she
reasonably believes such to be necessary to prevent the escape of a
prisoner from a detention facility or from custody while in transit
thereto or therefrom.

PEN 35.30 2014-09-22

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