Use of physical force in defense of property
This law says a person can use physical force to stop someone from stealing, damaging, or messing with their property, as long as they truly believe it is needed. Regular people cannot use deadly force just to protect property unless another part of the law allows it. Armed security guards at nuclear power plants have special rules — they can use deadly force to stop very serious crimes like murder or assault, and non-deadly force to stop crimes like burglary, arson, or trespassing. Nuclear plant security guards, their employers, and the plant owner cannot be sued for following these rules. The person claiming self-defense or defense of property is the one who has to bring it up in court.
563.041. Use of physical force in of property. — 1. A person may, subject to the limitations of 2, use physical force upon another person when and to the extent that he or she reasonably believes it necessary to prevent what he or she reasonably believes to be the or attempted commission by such person of , property damage or in any degree.
2. A person may use under circumstances described in subsection 1 only when such use of deadly force is under other sections of this chapter.
3. The afforded by this section extends to the use of as provided that the takes all reasonable measures to terminate the as soon as it is reasonable to do so.
4. An may use the following levels of physical force against another person at a nuclear power plant or within a of a nuclear power plant if the armed nuclear security guard reasonably believes that such force is necessary:
(1) An armed nuclear security guard may use physical force, as he or she reasonably believes is immediately necessary, up to and including deadly physical force to:
(a) Prevent an that would constitute murder in the first or second degree under section 565.020 or 565.021;
(b) Prevent an action that would constitute under section 565.023;
(c) Prevent an action that would constitute in the first or second degree under section 565.050 or 565.052; or
(d) Defend himself, herself, or a third person from the use or use of deadly physical force;
(2) An armed nuclear security guard may use physical force, as he or she reasonably believes is immediately necessary, up to but not including deadly physical force to prevent an action that would constitute:
(a) Assault in the third or fourth degree under section 565.054 or 565.056;
(b) Kidnapping in the first, second, or under section 565.110, 565.120, or 565.130;
(c) in the first or second degree under section 569.160 or 569.170;
(d) in the first, second, or third degree under section 569.040, 569.050, or 569.053;
(e) Property damage in the first degree under section 569.100;
(f) Robbery in the first or second degree under section 570.023 or 570.025;
(g) under section 571.015; or
(h) in the first degree under section 569.140;
(3) An armed nuclear security guard is in threatening to use physical force or deadly physical force if and to the extent a reasonable armed nuclear security guard believes it necessary to protect himself, herself, or others against another person's potential use of physical force or deadly physical force.
5. any of section 563.016 to the contrary, an armed nuclear security guard, employer of an armed nuclear security guard, or owner of a nuclear power plant shall not be subject to for conduct of an armed nuclear security guard that is permitted by this section.
6. The shall have the of justification under this section.
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Source & history notes
(L. 1977 S.B. 60, A.L. 2007 S.B. 62 & 41, A.L. 2018 H.B. 1797)
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