Laserfiche WebLink
N IIIIIII I MN M 1 M M M I M IMIII I E <br /> Section 19: Use of Force - When Lawful <br /> The use, attempt, or offer to use force upon or toward the person of another is not <br /> unlawful in the following cases: <br /> 1. Whenever necessarily used by a public officer in the performance of a legal <br /> duty, or a person assisting him or her and acting under his or her direction; <br /> 2. Whenever necessarily used by a person arresting one who has committed a <br /> felony and delivering him or her to a public officer competent to receive <br /> him or her into custody; <br /> 3. Whenever used by a party about to be injured, or by another lawfully aiding <br /> him or her, in preventing or attempting to prevent an offense against his or <br /> her person, or a malicious trespass, or other malicious interference with real <br /> or personal property lawfully in his or her possession, in case the force is not <br /> more than is necessary; <br /> 4. Whenever reasonably used by a person to detain someone who enters or <br /> remains unlawfully in a building or on real property lawfully in the <br /> possession of such person, so long as such detention is reasonable in duration <br /> and manner to investigate the reason for the detained person's presence on <br /> the premises, and so long as the premises in question did not reasonably <br /> appear to be intended to be open to members of the public; <br /> 5. Whenever used in a reasonable and moderate manner by a parent or his or <br /> her authorized agent, a guardian, master, or teacher in the exercise of <br /> lawful authority, to restain or correct his or her child, ward, apprentice, or <br /> scholar; <br /> 6. Whenever used by a carrier of passengers or his or her authorized agent or <br /> servant, or other person assisting them at their request in expelling from a <br /> carriage, railway car, vessel, or other vehicle, a passenger who refuses to <br /> obey a lawful and reasonable regulation prescribed for the conduct of <br /> passengers, if such vehicle has first been stopped and the force used is not <br /> more than is necessary to expel the offender with reasonable regard to his <br /> personal safety; <br /> 7. Whenever used by any person to prevent a mentally ill, mentally <br /> incompetent, or mentally disabled person from committing an act dangerous <br /> to himself or herself or another, or in enforcing necessary restraint for the <br /> protection of his or her person, or his or her restoration to health, during <br /> such period only as is necessary to obtain legal authority for the restraint or <br /> custody of his or her person. <br /> -22- <br />