Chapter 16 OFFENSES AND MISCELLANEOUS PROVISIONS*
Section 16-108 Justification generally.
(a) Unless inconsistent with other provisions of this division
defining justifiable use of
physical force, or with some provision of law, conduct which would otherwise constitute any
crime or murder is justifiable and not criminal when it is necessary as an emergency measure to
avoid an imminent public or private injury which is about to occur by reason of a situation
occasioned or developed through no fault of the actor, and which is of such gravity that,
according to ordinary standards of intelligence and morality, the desirability of avoiding the
injury outweighs the desirability of avoiding the injury sought to be prevented by the ordinance
defining the crime charged.
(b) The necessity and justifiability of conduct under paragraph
(a) of this section may not rest
upon considerations pertaining only to the morality and advisability of the ordinance either in its
general application or with respect to its application to a particular class of cases arising
thereunder. Whenever evidence relating to the defense of justification under this section is
offered, the court shall rule as a matter of law whether the claimed facts and circumstances
would, if established, constitute a justification.
(c) The defense of justification under this section is an
(Code 1964, § 7.645)
State law reference(s)--Similar provisions, RSMo. § 563.026.