Chapter 16 OFFENSES AND MISCELLANEOUS PROVISIONS*
Section 16-109 Use of force in defense of persons.
(a) A person may, subject to the provisions of paragraph
(b) of this section, use physical force
upon another person when and to the extent he reasonably believes such to be necessary to
defend himself or a third person from what he reasonably believes to be the use or imminent use
of unlawful force by such other person, unless:
(1) The actor was the initial aggressor;
except that in such case his use of force is
nevertheless justified provided:
a. He has
withdrawn from the encounter and effectively communicated such withdrawal to
such other person but the latter persists in continuing the incident by the use or threatened use of
unlawful force; or
b. He is a
law enforcement officer and as such is an aggressor pursuant to section 563.046,
c. The aggression
is justified under some other provision of this division or other
provision of law.
(2) Under the circumstances as the
actor reasonably believes them to be, the person whom he
seeks to protect would not be justified in using such protective force.
(b) A person may not use deadly force upon another person
under the circumstances specified
in paragraph (a) of this section unless deadly force is authorized under state or federal law.
(c) The justification afforded by this section extends to
the use of physical restraint as
protective force provided that the actor takes all reasonable measures to terminate the restraint as
soon as it is reasonable to do so.
(d) The defendant shall have the burden of injecting the
issue of justification under this
(Code 1964, § 7.650)
State law reference(s)--Similar provisions, RSMo. § 563.031.