TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 40

HOMICIDE

18-4011.  Justifiable homicide by officer. Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either:

1.  In obedience to any judgment of a competent court; or

2.  When reasonably necessary in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty including suppression of riot or keeping and preserving the peace. Use of deadly force shall not be justified in overcoming actual resistance unless the officer has probable cause to believe that the resistance poses a threat of death or serious physical injury to the officer or to other persons; or

3.  When reasonably necessary in preventing rescue or escape or in retaking inmates who have been rescued or have escaped from any jail, or when reasonably necessary in order to prevent the escape of any person charged with or suspected of having committed a felony, provided the officer has probable cause to believe that the inmate, or persons assisting his escape, or the person suspected of or charged with the commission of a felony poses a threat of death or serious physical injury to the officer or other persons.

History:

[18-4011, added 1972, ch. 336, sec. 1, p. 931; am. 1986, ch. 303, sec. 2, p. 755.]