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46.3303 Execution of public duty.

Cite as [A.S.C.A. § 46.3303]

(a) Unless inconsistent with the provisions of this chapter defining the justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when that conduct is required or authorized by a statutory provision or by a judicial decree. Among those kinds of provisions and decrees are:

(1) laws defining duties and functions of public servants;

(2) laws defining duties of private persons to assist public servants in the performance of their functions;

(3) laws governing the execution of legal process;

(4) laws governing the military services and the conduct of war; and

(5) judgments and orders of courts.

(b) The defense of justification afforded by subsection (a) applies:

(1) when a person reasonably believes his conduct to be required or authorized by the judgment or directions of a competent court or tribunal or in the legal execution of legal process, in spite of lack of jurisdiction of the court or defect in the legal process;

(2) when a person reasonably believes his conduct to be required or authorized to assist a public servant in the perfom1ance of his duties, in spite of that the public servant exceeded his legal authority;

(c) The defendant has the burden of injecting the issue of justification under this section.

History: 1979, PL 16-43 § 2.

Research Guide: MCC 563 021.