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MPC Part II

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Updated 2007-04-25 22:58
Question Answer
§ 3.01Justification an Affirmative Defense; Civil Remedies Unaffected. (1) In any prosecution based on conduct justifiable under this Article, justification is an affirmative defense. (2) The fact that conduct is justifiable under this Article does not abolish or impair any remedy for such conduct that is available in any civil action.
§ 3.02Justification Generally: Choice of Evils.
§ 3.02(1)Conduct that the actor believes to be necessary to avoid a harm to self or other, justifiable, provided that:
§ 3.02(1)(a)the harm or evil sought to be avoided by such conduct is greater than that sought to be prevented by the law defin-ing the offense charged; and
§ 3.02(1)(b)neither the Code nor other law defining the offense provides exceptions or defenses dealing with the specific situation involved; and
§ 3.02(1)(c)a legislative purpose to exclude the justification claimed does not otherwise plainly appear.
§ 3.02(2)Unavailable when the actor was reckless or negligent in bringing about the situation requiring a choice of harms or evils
§ 3.04Use of Force in Self-Protection.
§ 3.04(1)Use of force is justifiable for protection of person when Use of Force Justifiable for Protection of the Person. Subject to the provisions of this Section and of Section 3.09, the use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.
§ 3.04(2)Limitations on Justifying Necessity for Use of Force.
§ 3.04(2)(a)The use of force is not justifiable under this Section:(i) to resist an arrest that the actor knows is being made by a peace officer, although the arrest is unlawful; or (ii) to resist force used by the occupier or possessor of property or by another person on his behalf, where the actor knows that the person using the force is doing so under a claim of right to protect the property, except that this limitation shall not apply if:(A) the actor is a public officer acting in the performance of his duties or a person lawfully assisting him therein or a person making or assisting in a lawful arrest; or (B) the actor has been unlawfully dispossessed of the property and is making a re-entry or recaption justified by Section 3.06; or (C) the actor believes that such force is necessary to protect himself against death or serious bodily injury.
§ 3.04(2)(b)The use of deadly force is not justifiable under this Section unless the actor believes that such force is neces-sary to protect himself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat; nor is it justifiable if: (i) the actor, with the purpose of causing death or serious bodily injury, provoked the use of force against himself in the same encounter; or (ii) the actor knows that he can avoid the necessity of using such force with complete safety by re-treating or by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that he abstain from any action that he has no duty to take, except that: (A) the actor is not obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be; and (B) a public officer justified in using force in the performance of his duties or a person justified in using force in his assistance or a person justified in using force in making an arrest or preventing an es-cape is not obliged to desist from efforts to perform such duty, effect such arrest or prevent such escape because of resistance or threatened resistance by or on behalf of the person against whom such action is directed.
§ 3.04(2)(c)Except as required by paragraphs (a) and (b) of this Subsection, a person employing protective force may es-timate the necessity thereof under the circumstances as he believes them to be when the force is used, without retreat-ing, surrendering possession, doing any other act that he has no legal duty to do or abstaining from any lawful action.
§ 3.04(3)Use of Confinement as Protective Force. The justification afforded by this Section extends to the use of confinement as protective force only if the actor takes all reasonable measures to terminate the confinement as soon as he knows that he safely can, unless the person confined has been arrested on a charge of crime.
§ 3.05Use of Force for the Protection of Other Persons.
§ 3.05(1)use of force upon or toward the person of another is justifiable to protect a third person when:
§ 3.05(1)(a)the actor would be justified under Section 3.04 in using such force to protect himself against the injury he be-lieves to be threatened to the person whom he seeks to protect; and
§ 3.05(1)(b)under the circumstances as the actor believes them to be, the person whom he seeks to protect would be justified in using such protective force; and
§ 3.05(1)(c)the actor believes that his intervention is necessary for the protection of such other person.
§ 3.05(2)Notwithstanding Subsection (1) of this Section:
§ 3.05(2)(a)not obligated to retreat unless sure to secure safety of all involved
§ 3.05(2)(b)obligated to tell another to retreat before force, if he/she is obligated
§ 3.05(2)(c)neither the actor nor the person whom he seeks to protect is obliged to retreat when in the other's dwelling or place of work to any greater extent than in his own.
§ 3.06Use of Force for Protection of Property
§ 3.06(1)Use of Force justifiable when the actor believes that such force is immediately necessary:
§ 3.06(1)(a)to prevent unlawful trespass upon land property, provided that is believed to be in his possession or in the posses-sion of another person for whose protection he acts; or
§ 3.06(1)(b)to effect an entry or re-entry upon land whose title believed to be unlawfully dispossessed provided, further, that: (i) the force is used immediately or on fresh pursuit after such dispossession; or (ii) the actor believes that the person against whom he uses force has no claim of right to the possession of the property and of such urgency that it would be an exceptional hardship to postpone the entry or re-entry until a court order is obtained.
§ 3.06(2)Meaning of Possession…
§ 3.06(3)Limitations on Justifiable Use of Force.
§ 3.06(3)(a)Request to Desist. Justifiable only if the actor first requests the person against whom such force is used to desist from his interference with the property, unless the actor believes that:(i) such request would be useless; or (ii) it would be dangerous to himself or another person to make the request; or (iii) substantial harm will be done to the physical condition of the property that is sought to be protected before the request can effectively be made.
§ 3.06(3)(b)Can’t expose trespasser to substantial danger of serious bodily injury.
§ 3.06(3)(c)Resistance of Lawful Re-entry or Recaption not justifiable, if: (i) re-entry made by/on behalf of person who was dispossessed of property; and (ii) it is otherwise justifiable under Subsection (1)(b) of this Section.
§ 3.06(3)(d)use of deadly force is not justifiable unless the actor believes that: (i) victim is attempting to dispossess him of his dwelling otherwise than under a claim of right to its possession; or (ii) Victim is attempting to commit or consummate arson, burglary, robbery or other felonious theft or property destruction and either: (A) has threatened deadly force against or in the presence of the actor; or (B) the use of force other than deadly force would expose the actor or another in his presence to substantial danger of serious bodily injury.
§ 3.06(4)Use of Confinement as Protective Force only if the actor takes all reasonable measures to terminate the confinement as soon as he can, unless the person confined has been arrested on a charge of crime.
§ 3.06(5)Use of Device to Protect Property if Reasonable, not substantial risk, and customarily use
§ 3.06(6)Use of Force to Pass Wrongful Obstructor…
§ 3.07Use of Force in Law Enforcement.
§ 3.07(1)Use of Force Justifiable to Effect an Arrest: if reasonable
§ 3.07(2)Limitations on the Use of Force.
§ 3.07(2)(a)The use of force is not justifiable under this Section unless: (i) actor makes known the reason for arrest (ii) if under warrant, the warrant is valid
§ 3.07(2)(b)The use of deadly force is not justifiable under this Section unless: (i) for felony, authorized to do so, no great risk, and (iv) the actor believes that: (A) the crime involved use or threatened use of deadly force; or (B) there is a substantial risk that the person to be arrested will cause death or serious bodily in-jury if his Apprehension is delayed.
§ 3.07(3)Use of Force to Prevent Escape from Custody…if necessary
§ 3.07(4)Use of Force by Private Person Assisting an Unlawful Arrest. (a) if summoned by police, can use force, provided does not believe the arrest is unlawful. (b) A private person who assists another private person...lawful, provided that (i) he believes the arrest is lawful, and (ii) the arrest would be lawful if the facts were as he believes them to be.
§ 3.07(5)Use of Force to Prevent Suicide or the Commission of a Crime.
§ 3.07(5)(a)The use of force …if necessary (i) any limitations imposed by the other provisions of this Article apply (ii) the use of deadly force is not in any event justifiable unless: (A) the actor believes that there is a substantial risk that the person whom he seeks to prevent from committing a crime will cause death or serious bodily injury to another unless the commission or the consummation of the crime is prevented and that the use of such force presents no substantial risk of in-jury to innocent persons; or (B) the actor believes that the use of such force is necessary to suppress a riot or mutiny after the rioters or mutineers have been ordered to disperse and warned, in any particular manner that the law may require, that such force will be used if they do not obey.
§ 3.07(5)(b)The justification afforded by this Subsection extends to the use of confinement as preventive force only if the actor takes all reasonable measures to terminate the confinement as soon as he knows that he safely can, unless the person confined has been arrested on a charge of crime.
§ 3.09.Mistake of Law as to Unlawfulness of Force or Legality of Arrest; Reckless or Negligent Use of Otherwise Justifiable Force; Reckless or Negligent Injury or Risk of Injury to Innocent Persons.
§ 3.09(1)The justification afforded by Sections 3.04 to 3.07, inclusive, is unavailable when: (a) the actor's belief in the unlawfulness of the force or conduct against which he employs protective force or his belief in the lawfulness of an arrest that he endeavors to effect by force is erroneous; and (b) his error is due to ignorance or mistake as to the provisions of the Code, any other provision of the criminal law or the law governing the legality of an arrest or search.
§ 3.09(2)When the actor believes that the use of force upon or toward the person of another is necessary for any of the purposes for which such belief would establish a justification under Sections 3.03 to 3.08 but the actor is reckless or negligent in having such belief or in acquiring or failing to acquire any knowledge or belief that is material to the justifiability of his use of force, the justification afforded by those Sections is unavailable in a prosecution for an offense for which recklessness or negligence, as the case may be, suffices to establish culpability.
§ 3.09(3)When the actor is justified under Sections 3.03 to 3.08 in using force upon or toward the person of another but he reck-lessly or negligently injures or creates a risk of injury to innocent persons, the justification afforded by those Sections is unavail-able in a prosecution for such recklessness or negligence towards innocent persons.
§ 3.11.Definitions. In this Article, unless a different meaning plainly is required:
memorize
(1) "unlawful force" means force, including confinement, that is employed without the consent of the person against whom it is directed and the employment of which constitutes an offense or actionable tort or would constitute such offense or tort except for a defense (such as the absence of intent, negligence, or mental capacity; duress; youth; or diplomatic status) not amounting to a privilege to use the force. Assent constitutes consent, within the meaning of this Section, whether or not it otherwise is legally effective, except assent to the infliction of death or serious bodily injury. (2) deadly force" means force that the actor uses with the purpose of causing or that he knows to create a sub-stantial risk of causing death or serious bodily injury. Purposely firing a firearm in the direction of another person or at a vehicle in which another person is believed to be constitutes deadly force. A threat to cause death or serious bod-ily injury, by the production of a weapon or otherwise, so long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute deadly force. (3) "dwelling" means any building or structure, though movable or temporary, or a portion thereof, that is for the time being the actor's home or place of lodging.