§ 563.041 RSMo – Use of Physical Force in Defense of Property

563.041. Use of physical force in defense of property.

You can use force to protect property—but deadly force is limited.

Missouri law allows you to use physical force to stop theft, property damage, or tampering—but deadly force is only allowed in specific cases, like self-defense or defense at a nuclear facility.

1. A person may use physical force if they reasonably believe it’s needed to stop someone from stealing, damaging property, or tampering with it.

2. Deadly force can only be used in these situations if another section of the law specifically allows it.

3. You can also use physical restraint to protect property, but you must stop the restraint as soon as it’s reasonable to do so.

4. Armed nuclear security guards at nuclear power plants may use force as follows if they reasonably believe it is immediately necessary:

1. Deadly force may be used to prevent:
   1. Murder in the first or second degree (section 565.020 or 565.021);
   2. Voluntary manslaughter (section 565.023);
   3. Assault in the first or second degree (section 565.050 or 565.052);
   4. Use or threat of deadly force against themselves or others.
2. Non-deadly physical force may be used to prevent:
   1. Assault in the third or fourth degree (section 565.054 or 565.056);
   2. Kidnapping in any degree (section 565.110, 565.120, or 565.130);
   3. Burglary in the first or second degree (section 569.160 or 569.170);
   4. Arson in any degree (section 569.040, 569.050, or 569.053);
   5. Property damage in the first degree (section 569.100);
   6. Robbery in the first or second degree (section 570.023 or 570.025);
   7. Armed criminal action (section 571.015);
   8. Trespass in the first degree (section 569.140).
3. A guard may also threaten to use force or deadly force if a reasonable person in their position would believe it is needed for protection.

5. Armed nuclear security guards, their employers, and nuclear plant owners cannot be sued for using force allowed under this law—even if other sections (like 563.016) might suggest otherwise.

6. If you’re using this law to claim your actions were justified, you must bring it up as part of your defense in court.

View the full statute here

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