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1 extended by the length of time from the time of filing of such complaint or citation, to <br /> 2 the time such complaint or citation was set aside. <br /> 3 Section 5: Insanity. To establish the defense of insanity, it must be shown <br /> 4 that: <br /> 5 1. At the time of the commission of the offense, as a result of mental <br /> 6 disease or defect, the mind of the actor was affected to such an extent that: <br /> 7 a. He or she was unable to perceive the nature and quality of the act <br /> 8 with which he or she is charged; or <br /> 9 b. He or she was unable to tell right from wrong with reference to the <br /> 10 particular act charged. <br /> 11 2. The defense of insanity must be established by a preponderance of the <br /> 12 evidence. <br /> 13 Section 6: Definitions. Unless a different meaning is plainly required: <br /> 14 1. "Necessary" means that no reasonably effective alternative to the use of <br /> 15 force appeared to exist and that the amount of force used was reasonable to effect the <br /> 16 lawful purpose intended. <br /> 17 2. "Homicide" is the killing of a human being by the act, procurement or <br /> 18 omission of another, death occurring within three years and a day, and is either (1) <br /> 19 murder, (2) manslaughter, (3) excusable homicide, or (4) justifiable homicide. <br /> 20 Section 7: Use of force--When lawful. The use, attempt, or offer to use <br /> 21 force upon or toward the person of another is not unlawful in the following cases: <br /> 22 1. Whenever necessarily used by a public officer in the performance of a <br /> 23 legal duty, or a person assisting him or her and acting under his or her direction; <br /> 24 2. Whenever necessarily used by a person arresting one who has committed a <br /> 25 felony and delivering him or her to a public officer competent to receive him or her <br /> 26 into custody; <br /> 27 3. Whenever used by a party about to be injured, or by another lawfully <br /> 28 aiding him or her, in preventing or attempting to prevent an offense against his or her <br /> 29 person, or a malicious trespass, or other malicious interference with real or personal <br /> 30 property lawfully in his or her possession, in case the force is not more than is <br /> 31 necessary; <br /> 32 <br /> -2- <br />