Execution of Public Duty Defined and Allowed

(a) Except as otherwise provided in Subsection (b), conduct is justifiable when it is required or authorized by: (1) the law defining the duties or functions of a public officer or the assistance to be rendered to such officer in the performance of his duties; (2) the law governing the execution of legal process; (3) the judgment or order of a competent court; (4) the law governing the armed services or the lawful conduct of war; or (5) any other provision of law imposing a public duty. (b) The other sections of this Article apply to: (1) the use of force upon or toward the person of another for any of the purposes dealt with in such sections; and (2) the use of deadly force for any purpose, unless the use of such force is otherwise expressly authorized by law or occurs in the lawful conduct of ward. (c) The justification afforded by Subsection (a) applies: (1) when the defendant believes his conduct to be required or authorized by the judgment or direction of a competent court or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; and (2) when the defendant believes his conduct to be required or authorized to assist a public officer in the performance of his duties, notwithstanding that the officer exceeded his legal authority. SOURCE: See G.P.C. Sec. 196(1),(2); *M.P.C. Sec. 3.03; Cal. § 610(a) (1971); Mass. ch. 263, § 4.39; N.J. 2C:3-3. COMMENT: This Section provides a comprehensive statement of the relationship between justification under the criminal law and the law relating to public duties and functions. This Section is substantively the same as Model Penal Code § 3.03. Subsection (b) places restriction upon the application of this Section and directs the circumstances in which other Sections of this article are to be applied. Subsection (c) extends the justification afforded by Subsection to cases where the defendant acts in belief that his conduct is required by a judgment or in the lawful execution of legal process or to assist a public officer in the performance of his duties.