Title 46 — Criminal Justice
42 chapters · 423 sections in this title.
A.S.C.A. § 46.3301 Definitions
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As used in this chapter: (a) “Deadly force” means physical force which the actor uses with the purpose of causing or which he knows to create a substantial risk of causing death or serious physical injury. (b) “Dwelling” means any building or inhabitable structure, whether perman…
A.S.C.A. § 46.3302 Civil remedies unaffected
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The fact that conduct is justified under this chapter does not abolish nor impair any remedy for that conduct which is available in any civil action. History: 1979, PL 16-43 § 2.
A.S.C.A. § 46.3303 Execution of public duty
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(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 st…
A.S.C.A. § 46.3304 Justification-Avoidance of harm or evil
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(a) Conduct which the actor believes to be necessary to avoid a harm or evil to himself or to another is justifiable; provided, that: (1) the harm or evil sought to be avoided by the conduct is greater than that sought to be prevented by the law defining the offense charged; (2) …
A.S.C.A. § 46.3305 Use of force in defense of persons
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(a) A person may, subject to subsection (b), use physical force upon another person when and to the extent he reasonably believes it to be necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful force by the other p…
A.S.C.A. § 46.3306 Use of physical force in defense of premises
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(a) A person in possession or control of premises or a person who is licensed or privileged to be there, may, subject to subsection (b), use physical force upon another person when and to the extent that he reasonably believes it necessary to prevent or terminate what he reasonab…
A.S.C.A. § 46.3307 Use of physical force in defense of property
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(a) A person may, subject to the limitations of subsection (b) use physical force upon another person when and to the extent that he reasonably believes it necessary to prevent what he reasonably believes to be the commission or attempted commission by that person of stealing, pr…
A.S.C.A. § 46.3308 Law enforcement officer's use of force in making an arrest
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(a) A law enforcement officer need not retreat nor 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 arrested person. …
A.S.C.A. § 46.3309 Private person's use of force in making an arrest
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(a) A private person who has been directed by a person he reasonably believes to be a law enforcement officer to assist that officer to effect an arrest or to prevent escape from custody may, subject to the limitations of subsection (c), use physical force when and to the extent …
A.S.C.A. § 46.3310 Use of force to prevent escape from confinement
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(a) A guard or other law enforcement officer may, subject to subsection (b), use physical force when he reasonably believes it to be immediately necessary to prevent escape from confinement or in transit to it or from it. (b) A guard or other law enforcement officer may use deadl…
A.S.C.A. § 46.3311 Use of force by persons with responsibility for care, discipline, or safety of others
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(a) The use of physical force by an actor upon another person is justifiable when the actor is a parent, guardian, or other person entrusted with the care and supervision of a minor or an incompetent person or when the actor is a teacher or other person entrusted with the care an…