2005 Minnesota Statutes - 609.066 — Authorized use of deadly force by peace officers.

     609.066 Authorized use of deadly force by peace officers.


    Subdivision 1.    Deadly force defined.  For the 
 purposes of this section, "deadly force" means force which the 
 actor uses with the purpose of causing, or which the actor 
 should reasonably know creates a substantial risk of causing, 
 death or great bodily harm.  The intentional discharge of a 
 firearm, other than a firearm loaded with less lethal munitions 
 and used by a peace officer within the scope of official duties, 
 in the direction of another person, or at a vehicle in which 
 another person is believed to be, constitutes deadly force.  
 "Less lethal munitions" means projectiles which are designed to 
 stun, temporarily incapacitate, or cause temporary discomfort to 
 a person.  "Peace officer" has the meaning given in section 
 626.84, subdivision 1. 


    Subd. 2.    Use of deadly force.  Notwithstanding the 
 provisions of section 609.06 or 609.065, the use of deadly force 
 by a peace officer in the line of duty is justified only when 
 necessary: 


    (1) To protect the peace officer or another from apparent 
 death or great bodily harm; 


    (2) To effect the arrest or capture, or prevent the escape, 
 of a person whom the peace officer knows or has reasonable 
 grounds to believe has committed or attempted to commit a felony 
 involving the use or threatened use of deadly force; or 


    (3) To effect the arrest or capture, or prevent the escape, 
 of a person whom the officer knows or has reasonable grounds to 
 believe has committed or attempted to commit a felony if the 
 officer reasonably believes that the person will cause death or 
 great bodily harm if the person's apprehension is delayed. 


    Subd. 3.    No defense.  This section and sections 
 609.06, 609.065 and 629.33 may not be used as a defense in a 
 civil action brought by an innocent third party. 


    HIST: 1978 c 736 s 2; 1986 c 444; 2001 c 127 s 1