Self-Defense Laws in Missouri

Missouri has a stand-your-ground rule. A person does not have a duty to retreat from a dwelling, residence or vehicle where the person is not unlawfully entering or unlawfully remaining, from private property owned or leased by the individual, or 'If the person is in any other location such person has the right to be' (§ 563.031.3). Deadly force is permitted when the person reasonably believes it is necessary to protect himself or herself, her unborn child, or another against death, serious physical injury, or any forcible felony (§ 563.031.2(1)). The defendant has the burden of injecting the issue of justification (§ 563.031.5). Current version effective October 14, 2016 (S.B. 656, veto overridden September 14, 2016).

Deadly force may be used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter a dwelling, residence, or vehicle lawfully occupied by the person; and against a person who unlawfully enters or attempts to enter private property owned or leased by an individual, or occupied by an individual with the owner's authority (§ 563.031.2(2)-(3)). When a defendant claims the dwelling/residence/vehicle justification, the state must prove beyond a reasonable doubt that the defendant did not reasonably believe the use of force was necessary (§ 563.031.5). Immunity: a person who uses force as described in §§ 563.031 to 563.061 'is justified in using such force and such fact shall be an absolute defense to criminal prosecution or civil liability'; in a civil action where the court finds this defense applies, the court shall award the defendant attorney's fees, court costs and all reasonable expenses (§ 563.074).