2006 New York Code - Justification; Use Of Physical Force Generally.



 
  § 35.10 Justification; use of physical force generally.
    The  use  of  physical force upon another person which would otherwise
  constitute an offense is justifiable and not criminal under any  of  the
  following circumstances:
    1.  A  parent,  guardian  or  other person entrusted with the care and
  supervision of a person under the age of twenty-one  or  an  incompetent
  person,  and  a  teacher  or  other  person  entrusted with the care and
  supervision of a person under  the  age  of  twenty-one  for  a  special
  purpose,  may  use  physical  force, but not deadly physical force, upon
  such person when and to  the  extent  that  he  reasonably  believes  it
  necessary  to  maintain  discipline  or  to  promote the welfare of such
  person.
    2. A warden  or  other  authorized  official  of  a  jail,  prison  or
  correctional institution may, in order to maintain order and discipline,
  use such physical force as is authorized by the correction law.
    3.  A  person  responsible  for  the  maintenance of order in a common
  carrier of passengers, or a person acting under his direction,  may  use
  physical  force  when  and  to the extent that he reasonably believes it
  necessary to maintain order, but he may use deadly physical  force  only
  when  he  reasonably  believes  it necessary to prevent death or serious
  physical injury.
    4. A person acting under a reasonable belief that  another  person  is
  about  to  commit  suicide  or  to  inflict serious physical injury upon
  himself may use physical force upon such person to the  extent  that  he
  reasonably believes it necessary to thwart such result.
    5.  A  duly licensed physician, or a person acting under a physician's
  direction, may use physical force for the  purpose  of  administering  a
  recognized  form  of treatment which he or she reasonably believes to be
  adapted to promoting the physical or mental health of the patient if (a)
  the treatment is administered with the consent of the patient or, if the
  patient is under the age of eighteen years  or  an  incompetent  person,
  with  the consent of the parent, guardian or other person entrusted with
  the patient's care and supervision, or (b) the treatment is administered
  in an emergency when the  physician  reasonably  believes  that  no  one
  competent  to  consent  can  be  consulted and that a reasonable person,
  wishing to safeguard the welfare of the patient, would consent.
    6. A person may, pursuant to the ensuing provisions of  this  article,
  use  physical  force upon another person in self-defense or defense of a
  third person, or in defense of premises, or in order to prevent  larceny
  of  or criminal mischief to property, or in order to effect an arrest or
  prevent an escape from custody. Whenever a person is authorized  by  any
  such  provision  to use deadly physical force in any given circumstance,
  nothing contained in any other such provision may be deemed to negate or
  qualify such authorization.

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