Chapter 16 OFFENSES AND MISCELLANEOUS PROVISIONS*
Section 16-107 Execution of public duty.
(a) Unless inconsistent with the provisions of this division
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
(3) Laws governing the execution of
(4) Laws governing the military services
and the conduct of war;
(5) Judgments and orders of courts.
(b) The defense of justification afforded by paragraph (a)
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 of jurisdiction of the court or defect in the legal 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.
(c) The defendant shall have the burden of injecting the
issue of justification under this
(Code 1964, § 7.640)
State law reference(s)--Similar provisions, RSMo. § 563.021.