Use of Force in Law Enforcement

(a)Except as otherwise provided by this Section and § 7.96, the use of force upon or toward the person of another is justifiable when the defendant is making or assisting in making an arrest and the defendant believes that such force is immediately necessary to effect a lawful arrest.

(b)The use of force is not justifiable under this Section unless:

(1)the defendant makes known the purpose of the arrest or believes that it is otherwise known by or cannot reasonably be made known to the person to be arrested; and

(2)when the arrest is made under a warrant, the warrant is valid or believed by the defendant to be valid.

(c)The use of deadly force is not justifiable under this Section unless:

(1)the arrest is for a felony;

(2)the person effecting the arrest is authorized to act as a peace officer or is assisting a person whom he believes to be authorized to act as a peace officer;

(3)the defendant believes that the force employed creates no substantial risk of injury to innocent persons; and

(4)the defendant believes that:

(A)the crime for which the arrest is made involved conduct including the 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 harm if his apprehension is delayed.

(d)The use of force to prevent the escape of an arrested person from custody is justifiable when the force could justifiably have been employed to effect the arrest under which the person is in custody, except that a guard or other person authorized to act as a peace officer is justified in using any force, including deadly force, which he believes to be immediately necessary to prevent the escape of a person from a jail, prison, or other institution for the detention of person charged with or convicted of a crime.

(e)A private person who is summoned by a peace officer to assist in effecting an unlawful arrest, is justified in using any force which he would be justified in using if the arrest were lawful, provided that he does not believe the arrest is unlawful.

(f)A private person who assists another private person in effecting an unlawful arrest, or who, not being summoned, assists a peace officer in effecting an unlawful arrest, is justified in using any force which he would be justified in using if the arrest were lawful, provided that

(1)he believes that the arrest is lawful

(2)the arrest would be lawful if the facts were as he believes them to be.

(g)The use of force upon or toward the person of another is justifiable when the defendant believes that such force is immediately necessary to prevent such other person from committing suicide, inflicting serious bodily harm upon himself, committing or consummating the commission of a crime involving or threatening bodily harm, damage to or loss of property or a breach of the peace, except that:

(1)any limitations imposed by the other provision of this Article on the justifiable use of force in self-protection, for the protection of others, the protection of property, the effectuation of an arrest or the prevention of an escape from custody shall apply notwithstanding the criminality of the conduct against which such force is used; and

(2)the use of deadly force is not in any event justifiable under this Subsection unless: CH. 7 EXEMPTIONS AND DEFENSES

(A)the defendant 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 harm 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 injury to innocent persons; or

(B)the defendant 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.