MN 609.066 Authorized Use Of Deadly Force By Peace Officers

MN 609.066 Authorized Use Of Deadly Force By Peace Officers

State: Minnesota

Minnesota Statutes 2017

Chapter 609. Criminal Code

609.066 AUTHORIZED USE OF DEADLY FORCE BY PEACE OFFICERS

Subdivision 1. Deadly force defined. — For the purposes of this section, “deadly force” means force which the actor uses with the purpose of causing, or which the actor should reasonably know creates a substantial risk of causing, death or great bodily harm. The intentional discharge of a firearm, other than a firearm loaded with less lethal munitions and used by a peace officer within the scope of official duties, in the direction of another person, or at a vehicle in which another person is believed to be, constitutes deadly force. “Less lethal munitions” means projectiles which are designed to stun, temporarily incapacitate, or cause temporary discomfort to a person. “Peace officer” has the meaning given in section 626.84, subdivision 1.

Subd. 2. Use of deadly force. — Notwithstanding the provisions of section 609.06 or 609.065, the use of deadly force by a peace officer in the line of duty is justified only when necessary:

(1) to protect the peace officer or another from apparent death or great bodily harm;

(2) to effect the arrest or capture, or prevent the escape, of a person whom the peace officer knows or has reasonable grounds to believe has committed or attempted to commit a felony involving the use or threatened use of deadly force; or

(3) to effect the arrest or capture, or prevent the escape, of a person whom the officer knows or has reasonable grounds to believe has committed or attempted to commit a felony if the officer reasonably believes that the person will cause death or great bodily harm if the person’s apprehension is delayed.

Subd. 3. No defense. — This section and sections 609.06, 609.065 and 629.33 may not be used as a defense in a civil action brought by an innocent third party.

By | 2018-03-30T16:33:05+00:00 March 30th, 2018|Comments Off on MN 609.066 Authorized Use Of Deadly Force By Peace Officers