RELEVANT STATUTES

Murder in the first degree murder:

A person commits the crime of murder in the first degree if he knowingly causes the death of
another person after deliberation upon the matter.
Murder in the second degree murder:

A person commits the crime of murder in the second degree ifhe knowingly causes the death of
another person or, with the purpose of causing serious physical injury to another person, causes
the death of another person.
Voluntary manslaughter:

A person commits the crime of voluntary manslaughter if he causes the death of another person
under circumstances that would constitute murder in the second degree except that he caused the
death under the influence of sudden passion arising from adequate cause.
Involuntary manslaughter in the first degree:

A person commits the crime of involuntary manslaughter in the first degree ifhe recklessly
causes the death of another person.
Involuntary manslaughter in the second degree:

A person commits the crime of involuntary manslaughter in the second degree if he acts with
criminal negligence to cause the death of any person.
Armed criminal action (ACA):
Any person who commits any felony under the laws of this state by, with, or through the use,

assistance, or aid of a dangerous instrument or deadly weapon is also guilty of the crime of
armed criminal action.
Assault of a law enforcement officer in the first degree:

A person commits the crime of assault of a law enforcement officer in the first degree if such
person attempts to kill or knowingly causes or attempts to cause serious physical injury to a law
enforcement officer.

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Assault of a law enforcement officer in the second degree:

A person commits the crime of assault of a law enforcement officer in the second degree if such
person:
(1) Knowingly causes or attempts to cause physical injury to a law enforcement officer by
means of a deadly weapon or dangerous instrument; or
(2) Knowingly causes or attempts to cause physical injury to a law enforcement officer by
means other than a deadly weapon or dangerous instrument; or
(3) Recklessly causes serious physical injury to a law enforcement officer;
(4) Not applicable; 1
(5) Acts with criminal negligence to cause physical injury to a law enforcement officer by
means of a deadly weapon or dangerous instrument; or
(6) Purposely or recklessly places a law enforcement officer in apprehension of immediate
serious physical injury; or
(7) Acts with criminal negligence to create a substantial risk of death or serious physical
injury to a law enforcement officer.

Assault of a law enforcement officer in the third degree:

A person commits the crime of assault of a law enforcement officer in the third degree if:
(1) Such person recklessly causes physical injury to a law enforcement officer; or
(2) Such person purposely places a law enforcement officer in apprehension of immediate
physical injury; or
(3) Such person knowingly causes or attempts to cause physical contact with a law
enforcement officer.

Law enforcement officer's use of force in making an arrest:

A law enforcement officer need not retreat or desist from efforts to effect the arrest, or from
efforts to prevent the escape from custody, of a person he reasonably believes to have committed
an offense because of resistance or threatened resistance of the arrestee. The use of force,
including deadly force by a law enforcement officer in making an arrest or in preventing escape
after arrest, is lawful in certain situations. An arrest is lawful if the officer reasonably believes
that the person being arrested has committed or is committing a crime. 2
The officer is entitled to use such force as reasonably appears necessary to effect the arrest or
prevent the escape. A law enforcement officer is not entitled to use deadly force unless he
___!:_easo_Ilably ~e!ie"e t~(lt the arreste~ ~l_attempt!I1g_ ~() ~Ca_p~ lJY t]le W=>e ()f '!_ <:}_~C!_<fur_weaQ_O!l_ OL____ _
that the arrestee would endanger life or inflict serious physical injury unless arrested without
1

This option involves causing injury to officer with a motor vehicle while in an intoxicated condition.
In this case, the crime alleged is assault of a law enforcement officer.

_ _ __ __

delay; and even then, the officer may use deadly force only if he reasonably believes the use of
such force is immediately necessary to effect the arrest or prevent the escape.
Use of force in defense of persons:
A person may protect oneself from excessive force by a law enforcement officer.

A person being arrested is required to submit to the arrest and is not entitled to use force to resist
an arrest even if he believes such arrest to be unlawful. However, a person being arrested can
lawfully use force to protect himself from harm from the use of excessive force by a law
enforcement officer if he reasonably believes that submitting to the arrest will not stop the use of
excessive force by the officer and that force is the only means by which he can protect himself
from the excessive force; A person who resists an arrest or threatens to resist an Mrest is not
entitled to use force to protect himself from the force which he has so provoked unless he first
clearly indicates to the law enforcement officer his desire to end his resistance and submit to the
arrest. Then, if the law enforcement officer persists in his use of excessive force, the person
being arrested may use only that force which he reasonably believes is necessary to protect
himself from the use of excessive force.
A person may protect oneself from harm.

A law enforcement officer is entitled to use force in making a lawful arrest and may use deadly
force to defend himself if he is not the initial aggressor in an unlawful arrest; and he has a
reasonable belief that (1) he is in imminent danger of death or serious physical injury and (2) that
the use of deadly force was necessary to defend himself.

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DEFINITIONS

Adequate cause.
Means cause that would reasonably produce a degree of passion in a person of ordinary
temperament sufficient to substantially impair an ordinary person's capacity for self-control.

Criminal negligence or criminally negligent.

A person acts with criminal negligence or is criminally negligent when a person fails to
be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow,
and such failure constitutes a gross deviation from the standard of care which a reasonable
person would exercise in the situation.

Dangerous instrument.
Means any instrument, article, or substance, that, under the circumstances in which it is used,
is readily capable of causing death or other serious physical injury

Deadly force.
Means physical force which the actor uses with the purpose of causing or which he or she
knows to create a substantial risk of causing death or serious physical injury.

Deadly weapon.
Means any firearm, loaded or unloaded, or any weapon from which a shot, readily capable of
producing death or serious physical injury, may be discharged, or a switchblade knife, dagger, billy,
blackjack, or metal knuckles.

Physical injury.
Means physical pain, illness, or any impairment of physical condition.

Reckless or recklessly.

A person acts recklessly or is reckless when the person consciously disregards a

substantial and unjustifiable risk that circumstances exist or that a result will follow, and such
disregard constitutes a gross deviation from the standard of care which a reasonable person
would exercise in the situation.

Reasonable belief.

Means a belief based on reasonable grounds, that is, grounds which could lead a
reasonable person in the same situation to the same belief. This depends upon how the facts ..
reasonably appeared. It does not depend upon whether the belief turned out to be true or false.
Serious physical injury.

Means physical injury that creates a substantial risk of death or that causes serious
disfigurement or protracted loss or impairment of the function of any part of the body.

Sudden passion.

Means passion directly caused by and arising out of provocation by the victim or another
acting with the victim which passion arises at the time of the offense and is not solely the result
of former provocation.