Tag Index

Updated:6/20/2013 1:52 PM
Tags:01 CA (12.1%), 02 TX (8.3%), 03 NY (6.2%), 04 FL (6.2%), 05 IL (4.1%), 06 PA (4.1%), 07 OH (3.7%), 08 GA (3.2%), 09 MI (3.2%), 10 NC (3.1%), 11 NJ (2.8%), 12 VA (2.6%), 13 WA (2.2%), 14 MA (2.1%), 15 AZ (2.1%), 16 IN (2.1%), 17 TN (2.1%), 18 MO (1.9%), 19 MD (1.9%), 20 WI (1.8%), 21 MN (1.7%), 22 CO (1.6%), 23 AL (1.5%), 24 SC (1.5%), 25 LA (1.5%), 26 KY (1.4%), 27 OR (1.2%), 28 OK (1.2%), 29 CT (1.1%), 30 IA (1.0%), 31 MS (1.0%), 32 AR (0.9%), 33 KS (0.9%), 34 UT (0.9.%), 35 NV (0.9%), 36 NM (0.7%), 37 NE (0.6%), 38 WV (0.6%), 39 ID (0.5%), 40 HI (0.4%), 41 ME (0.4%), 42 NH (0.4%), 43 RI (0.3%), 44 MT (0.3%), 45 DE (0.3%), 46 SD (0.3%), 47 AK (0.2%), 48 ND (0.2%), 49 DC (0.2%), 50 VT (0.2%), 51 WY (0.2%), Federal, Model Penal Code, National Commission

§ 9.21. Public Duty

Tags:02 TX (8.3%)

§ 9.21. Public Duty

(a) Except as qualified by Subsections (b) and (c), conduct is justified if the actor reasonably believes the conduct is required or authorized by law, by the judgment or order of a competent court or other governmental tribunal, or in the execution of legal process.

(b) The other sections of this chapter control when force is used against a person to protect persons (Subchapter C), [FN1] to protect property (Subchapter D), [FN2] for law enforcement (Subchapter E), [FN3] or by virtue of a special relationship (Subchapter F).[FN4]

(c) The use of deadly force is not justified under this section unless the actor reasonably believes the deadly force is specifically required by statute or unless it occurs in the lawful conduct of war. If deadly force is so justified, there is no duty to retreat before using it.

(d) The justification afforded by this section is available if the actor reasonably believes:

(1) the court or governmental tribunal has jurisdiction or the process is lawful, even though the court or governmental tribunal lacks jurisdiction or the process is unlawful; or

(2) his conduct is required or authorized to assist a public servant in the performance of his official duty, even though the servant exceeds his lawful authority.

West's Wisconsin Statutes Annotated Currentness

Tags:20 WI (1.8%)

West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 939. Crimes--General Provisions (Refs & Annos)

Subchapter III. Defenses to Criminal Liability

939.45. Privilege

The fact that the actor's conduct is privileged, although otherwise criminal, is a defense to prosecution for any crime based on that conduct. The defense of privilege can be claimed under any of the following circumstances:

(1) When the actor's conduct occurs under circumstances of coercion or necessity so as to be privileged under s. 939.46 or 939.47; or

(2) When the actor's conduct is in defense of persons or property under any of the circumstances described in s. 939.48 or 939.49; or

(3) When the actor's conduct is in good faith and is an apparently authorized and reasonable fulfillment of any duties of a public office; or

(4) When the actor's conduct is a reasonable accomplishment of a lawful arrest; or

(5)(a) In this subsection:

1. “Child” has the meaning specified in s. 948.01(1).

3. “Person responsible for the child's welfare” includes the child's parent, stepparent or guardian; an employee of a public or private residential home, institution or agency in which the child resides or is confined or that provides services to the child; or any other person legally responsible for the child's welfare in a residential setting.

(b) When the actor's conduct is reasonable discipline of a child by a person responsible for the child's welfare. Reasonable discipline may involve only such force as a reasonable person believes is necessary. It is never reasonable discipline to use force which is intended to cause great bodily harm or death or creates an unreasonable risk of great bodily harm or death.

(6) When for any other reason the actor's conduct is privileged by the statutory or common law of this state.

<<For credits, see Historical Note field.>>

Current through 2013 Wisconsin Act 13, published 05/18/2013.