1. A guard or other law enforcement officer may, subject to the provisions of subsection 2 of this section, use physical force when he reasonably believes such to be immediately necessary to prevent escape from confinement or in transit thereto or therefrom.

2. A guard or other law enforcement officer may use deadly force under circumstances described in subsection 1 of this section only:

criminal case

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Terms Used In Missouri Laws 563.056

  • Deadly force: 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. See Missouri Laws 563.011
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

(1) When such use of deadly force is authorized under other sections of this chapter; or

(2) When he or she reasonably believes there is a substantial risk that the escapee will endanger human life or cause serious physical injury unless the escape is prevented.

3. The defendant shall have the burden of injecting the issue of justification under this section.

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