Execution of public duty
Sometimes doing something that would normally be a crime is actually okay and not against the law — if the law or a court order requires or allows it. For example, a person following a court order, helping a police officer do their job, or carrying out legal paperwork is protected. The person accused of a crime has to be the one to bring up this defense in court.
563.021. of public duty. — 1. Unless inconsistent with the of this chapter defining the use of physical force, or with some other of law, conduct which would otherwise constitute an is justifiable and not criminal when such conduct is required or by a statutory provision or by a . Among the kinds of such provisions and are:
(1) Laws defining duties and functions of s;
(2) Laws defining duties of private persons to assist public servants in the performance of their functions;
(3) Laws governing the execution of ;
(4) Laws governing the military services and the conduct of war;
(5) s and orders of courts.
2. The afforded by 1 of this section applies:
(1) When a person reasonably believes his or her conduct to be required or authorized by the judgment or directions of a or in the legal execution of legal process, lack of of the court or defect in the legal process;
(2) When a person reasonably believes his or her conduct to be required or authorized to assist a public servant in the performance of his or her duties, notwithstanding that the public servant exceeded his or her legal .
3. The shall have the of under this section.
Tap any gold-underlined word to see what it means.
Source & history notes
(L. 1977 S.B. 60, A.L. 2014 S.B. 491) Effective 1-01-17
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.