GENERAL DEFENSES

CHAPTER 40. JUSTIFICATION DEFENSES
Section 41 – Lesser Evils

(a) A person’s conduct is justified if:

(1) it is necessary to avoid a harm or wrong,

(2) the harm or wrong avoided by such conduct is greater than

that sought to be prevented by the statute defining the offense charged,

and(3) a legislative purpose to exclude the justification claimed does

not otherwise plainly appear.

(b) Definition. Conduct or the use of force is “necessary” if:

(1) the conduct could not have as effectively avoided the

threatened harm or wrong if it was performed at a later time, and

(2) less harmful or wrongful conduct could not have as

effectively avoided the threatened harm or wrong.

GENERAL DEFENSES

CHAPTER 40. JUSTIFICATION DEFENSES
Section 44 – Use of Force By Persons with Special Responsibility for Care,

Discipline, or Safety of Others

A person’s use of force is justified if:

(a) he is the parent, legal guardian, teacher or other person similarly

responsible for the care or supervision of a minor, or a person acting at the

request of a person with such responsibility, and the force:

(1) is applied to that minor, and

(2) is necessary to safeguard or promote the welfare of that

minor, including the prevention or punishment of his misconduct, and

(3) does not create a substantial risk of causing death, serious

bodily injury, extreme or unnecessary pain or mental distress, or

humiliation; or

(b) he is a physician or other licensed medical professional, or a person

assisting him at his direction, and:

(1) the force is necessary to administer a recognized form of

treatment to a person in order to promote the physical or mental health

of that person, and:

(2) the treatment is administered with:(A) the consent of that person, or

(B) the consent of that person’s parent, guardian or other

person legally empowered to consent on his behalf if he is

incompetent or physically unable to consent, or

(C) no explicit consent if:

(aa) the treatment is administered in an emergency

situation, and

(bb) no person competent to consent can be

consulted, and

(cc) a reasonable person who wishes to safeguard

that person’s welfare would consent; or

(c) he is a custodial officer, and:

(1) the force is necessary to enforce the lawful rules or

procedures of a correctional institution, and

(2) if deadly force is used, its use is otherwise justifiable under

this Chapter; or

(d) he is a person responsible for the safety of an airplane, train, motor

vehicle, vessel or other carrier, or a person acting at his direction, and:

(1) the force is necessary to prevent interference with:

(A) the operation of the carrier, or

(B) the execution of a lawful order; and

(2) if deadly force is used, its use is otherwise justifiable under

this Chapter.

(e) Definition.

(1) A “legal guardian” means any person vested with decision-

making authority for an incompetent individual.

(2) A “licensed medical professional” is any person who

possesses medical credentials in keeping with State regulations or that

of any generally recognized medical organization.