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21-732.


21-732.
   
   A peace officer, correctional officer, or any person acting by his
   command in his aid and assistance, is justified in using deadly force
   when:
   
   1. The officer is acting in obedience to and in accordance with any
   judgment of a competent court in executing a penalty of death; or
   
   2. In effecting an arrest or preventing an escape from custody
   following arrest and the officer reasonably believes both that:
   
   a. such force is necessary to prevent the arrest from being defeated
   by resistance or escape, and
   
   b. there is probable cause to believe that the person to be arrested
   has committed a crime involving the infliction or threatened
   infliction of serious bodily harm, or the person to be arrested is
   attempting to escape by use of a deadly weapon, or otherwise indicates
   that he will endanger human life or inflict great bodily harm unless
   arrested without delay; or
   
   3. The officer is in the performance of his legal duty or the
   execution of legal process and reasonably believes the use of the
   force is necessary to protect himself or others from the infliction of
   serious bodily harm; or
   
   4. The force is necessary to prevent an escape from a penal
   institution or other place of confinement used primarily for the
   custody of persons convicted of felonies or from custody while in
   transit thereto or therefrom unless the officer has reason to know:
   
   a. the person escaping is not a person who has committed a felony
   involving violence, and
   
   b. the person escaping is not likely to endanger human life or to
   inflict serious bodily harm if not apprehended.
   

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