Ordinance 1132-85 - Laserfiche WebLink

I committed a felony and is fleeing from justice; or in attempting, by lawful ways or 2 means, to apprehend a person for a felony actually committed; or in lawfully 3 suppressing a riot or preserving the peace. 4 Section 10: Homicide--By other person--When justifiable. Homicide is also 5 justifiable when committed either: 6 1. In the lawful defense of the slayer, or his or her husband, wife, parent, 7 child, brother, or sister, or of any other person in his or her presence or company, when 8 there is reasonable ground to apprehend a design on the part of the person slain to 9 commit a felony or to do some great personal injury to the slayer or to any such person, 10 and there is imminent danger of such design being accomplished; or 11 2. In the actual resistance of an attempt to commit a felony upon the slayer, 12 in his or her presence, or upon or in a dwelling, or other place of abode, in which he or 13 she is. 14 Section 11: Duress. 15 1. In any prosecution for a crime, it is a defense that: 16 a. The actor participated in the crime under compulsion by another 17 who by threat or use of force created an apprehension in the mind of the actor that in 18 case of refusal he or she or another would be liable to immediate death or immediate 19 grievous bodily injury; and 20 b. That such apprehension was reasonable upon the part of the actor; 21 and 22 c. That the actor would not have participated in the crime except for 23 the duress involved. 24 2. The defense of duress is not available if the crime charged is murder or 25 manslaughter. 26 3. The defense of duress is not available if the actor intentionally or 27 recklessly places himself in a situation in which it is probable that he will be subject to 28 duress. 29 4. The defense of duress is not established solely by a showing that a married 30 person acted on the command of his or her spouse. 31 Section 12: Entrapment. 32 1. In any prosecution for a crime, it is a defense that: -4-