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Section 2 - Pressure on Throat or Neck
- Regardless of section 7, a peace officer or corrections officer is not justified in any circumstance in knowingly using physical force that impedes the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person except in circumstances in which physical force is justified under 161.209 and 161.215
- Regardless of section 7, it's not reasonable under any circumstance for a peace officer or corrections officer to knowingly use physical force that impedes the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person except in circumstances in which physical force is justified under 161.209 and 161.215
- As used in this section, "corrections officer" means a guard, peace officer or other official employed in a jail, prison or correctional facility, including a youth correction facility, who primarily performs the duty of custody, control or supervision of individuals charged with or convicted of a crime or otherwise confined under a court order
Section 7 - Physical Force
- A peace officer may use physical force upon another person only when it is objectively reasonable, under the totality of circumstances known to the peace officer, to believe:
- That the person poses an imminent threat of physical injury to the peace officer or to a third person; or
- That the use of physical force is necessary to:
- Make a lawful arrest when the peace officer has probable cause to believe the person has committed a crime; or
- Prevent the escape from custody of the person when the peace officer has probable cause to believe the person has committed a crime.
- A peace officer may use physical force upon another person under this section only to the degree that the peace officer reasonably believes necessary to prevent physical injury under paragraph (1)(a) or to carry out a purpose described in paragraph (1)(b)
- Prior to using physical force upon another person, if the peace officer has a reasonable opportunity to do so, the peace officer shall:
- Consider alternatives such as verbal de-escalation, waiting or using other available resources and techniques if reasonable, safe and feasible; and
- Give a verbal warning to the person that physical force may be used and provide the person with a reasonable opportunity to comply.
Section 8 - Deadly Physical Force
- A peace officer may use deadly physical force upon another person only when it is objectively reasonable, under the totality of circumstances known to the peace officer, to believe that the person poses an imminent threat of death or serious physical injury to the peace officer or to a third person and the use of deadly physical force is necessary to:
- Make a lawful arrest when the peace officer has probable cause to believe the person has committed a violent felony
- Defend the peace officer or a third person from the imminent threat of death or serious physical injury; or
- Prevent the escape from custody of the person when the peace officer has probable cause to believe the person has committed a violent felony
- Prior to using deadly physical force upon another person, if the peace officer has a reasonable opportunity to do so, the peace officer shall:
- Consider alternatives such as verbal de-escalation, waiting, using other available resources and techniques if reasonable, safe and feasible, or using a lesser degree of force; and
- Give a verbal warning to the person that deadly physical force may be used and provide the person with a reasonable opportunity to comply
- Nothing in paragraph (1) constitutes justification for reckless or criminally negligent conduct by a peace officer constituting an offence against or with respect to innocent persons whom the peace officer is not seeking to arrest or retain in custody
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