46.3310 Use of force to prevent escape from confinement.

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(a) A guard or other law enforcement officer may, subject to subsection (b), use physical force when he reasonably believes it to be immediately necessary to prevent escape from confinement or in transit to it or from it.

(b) A guard or other law enforcement officer may use deadly force under circumstances described in subsection (a) only:

(1) when the use of deadly force is authorized under other sections of this chapter: or

(2) when he reasonably believes there is a substantial risk that the escapee will endanger human life or cause serious physical injury unless the escape is prevented.

(c) The defendant has the burden of injecting the issue of justification under this section.

History: 1979, PL 1643 § 2.

Research Guide: MCC 563.056.