Chapter 16 OFFENSES AND MISCELLANEOUS PROVISIONS*
Section 16-115 Use of force by persons with responsibility for care, discipline or safety of others.
(a) The use of physical force by an actor upon another person
is justifiable when the actor is a
parent, guardian or other person entrusted with the care and supervision of a minor or an
incompetent person or when the actor is a teacher or other person entrusted with the care and
supervision of a minor for a special purpose; and
(1) The actor reasonably believes
that the force used is necessary to promote the welfare of a
minor or incompetent person, or, if the actor's responsibility for the minor is for special purposes,
to further that special purpose or to maintain reasonable discipline in a school, class or other
group; and
(2) The force used is not designed
to cause or believed to create a substantial risk of causing
death, serious physical injury, disfigurement, extreme pain or extreme emotional distress.
(b) The use of physical force by an actor upon another person
is justifiable when the actor is a
person responsible for the operation of or the maintenance of order in a vehicle or other carrier of
passengers and the actor reasonably believes that such force is necessary to prevent interference
with its operation or to maintain order in the vehicle or other carrier, except that deadly force
may not be used unless the use of deadly force is authorized by state and federal law.
(c) The use of physical force by an actor upon another person
is justified when the actor is a
physician or a person assisting at his direction; and
(1) The force is used for the purpose
of administering a medically acceptable form of
treatment which the actor reasonably believes to be adapted to promoting the physical or mental
health of the patient; and
(2) The treatment is administered
with the consent of the patient or, if the patient is a minor
or an incompetent person, with the consent of the parent, guardian, or other person legally
competent to consent on his behalf, or the treatment is administered in an emergency when the
actor 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.
(d) The use of physical force by an actor upon another person
is justifiable when the actor acts
under the reasonable belief that:
(1) Such other person is about to
commit suicide or to inflict serious physical injury upon
himself; and
(2) The force used is necessary to
thwart such result.
(e) The defendant shall have the burden of injecting the
issue of justification under this
section.
(Code 1964, § 7.680)
State law reference(s)--Similar provisions, RSMo. § 563.061.