1. 1. A guard or other law enforcement officer may, subject to the provisions of subsection 2 of this section, use physical force when he reasonably believes such to be immediately necessary to prevent escape from confinement or in transit thereto or therefrom.

2. 2. A guard or other law enforcement officer may use deadly force under circumstances described in subsection 1 of this section only:

   1. (1) When such use of deadly force is authorized under other sections of this chapter; or
   2. (2) When he or she reasonably believes there is a substantial risk that the escapee will endanger human life or cause serious physical injury unless the escape is prevented.
3. 3. The defendant shall have the burden of injecting the issue of justification under this section.

(L. 1977 S.B. 60, A.L. 1983 H.B. 713 Revision, A.L. 2014 S.B. 491)

Effective 1-01-17