HB 1103 -- Defensive Use of Force

Sponsor:  Jones (117)

This bill creates a presumption that a person using defensive
force that is intended or is likely to cause great bodily harm to
another person had reasonable fear of imminent peril of death or
great bodily harm if the person against whom the defensive force
was used was unlawfully and forcefully entering or removing a
person against his or her will from a dwelling, residence, or
occupied vehicle.  The presumption is also created when the
person who used defensive force had reason to believe that an
unlawful and forcible act was occurring or occurred.  The
presumption justifies the force used by the person and allows
immunity from criminal prosecution for the use of this force.

The presumption does not apply if:  (1) the person against whom
the defensive force was used has a right to be in the dwelling,
residence, or vehicle; (2) the person sought to be removed is a
child or grandchild; (3) the person who used defensive force is
engaged in an unlawful activity; or (4) the person against whom
the defensive force is used is a law enforcement officer
performing his or her duties.

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:42 am