563.074. Justification as an absolute defense, when.
If the use of force is legally justified, it’s a complete defense to charges or lawsuits.
When someone legally uses force under Missouri’s self-defense and related laws, they cannot be criminally prosecuted or sued for it.
1. If a person uses force as allowed in the following sections, that use of force is fully justified and is an absolute defense to criminal prosecution or civil liability:
- Section 563.031 – Use of force in defense of persons
- Section 563.041 – Use of force in defense of property
- Section 563.046 – Law enforcement officer’s use of force in making an arrest
- Section 563.051 – Private person’s use of force in making an arrest
- Section 563.056 – Use of force to prevent escape from confinement
- Section 563.061 – Use of force by persons with responsibility for care, discipline or safety of others
2. If the court finds that the defendant had this absolute defense, it must order the plaintiff to pay for the defendant’s attorney’s fees, court costs, and all other reasonable legal expenses from the case.
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