563.011. Chapter definitions. — As used in this chapter the following terms shall mean:
(1) "Armed nuclear security guard", a security guard who works at a nuclear power plant, who is employed as part of the security plan approved by the United States Nuclear Regulatory Commission, and who meets the requirements mandated by the United States Nuclear Regulatory Commission for carrying a firearm;
(2) "Deadly force", physical force which the actor uses with the purpose of causing or which he or she knows to create a substantial risk of causing death or serious physical injury;
(3) "Dwelling", any building, inhabitable structure, or conveyance of any kind, whether the building, inhabitable structure, or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night;
(4) "Forcible felony", any felony involving the use or threat of physical force or violence against any individual, including but not limited to murder, robbery, burglary, arson, kidnapping, assault, and any forcible sexual offense;
(5) "Premises", includes any building, inhabitable structure and any real property;
(6) "Private person", any person other than a law enforcement officer;
(7) "Private property", any real property in this state that is privately owned or leased;
(8) "Remain after unlawfully entering", to remain in or upon premises after unlawfully entering as defined in this section;
(9) "Residence", a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest;
(10) "Structure or fenced yard", any structure, fenced yard, wall, building, other similar barrier, or any combination of the foregoing that is located on the real property of a nuclear power plant and that is posted with signage indicating it is a felony to trespass;
(11) "Unlawfully enter", a person unlawfully enters in or upon premises or private property when he or she enters such premises or private property and is not licensed or privileged to do so. A person who, regardless of his or her purpose, enters in or upon private property or premises that are at the time open to the public does so with license unless he or she defies a lawful order not to enter, personally communicated to him or her by the owner of such premises or by another authorized person. A license to enter in a building that is only partly open to the public is not a license to enter in that part of the building that is not open to the public.
Notes of Decisions
Cited in
35
cases (
12 in the last 5 years), 1983–2025 · leading case:
State v. Westfall, 75 S.W.3d 278 (Mo. 2002).
State v. Westfall, 75 S.W.3d 278 (Mo. 2002).
· cites it 10× “Section 563.011(1) RSMo 2000 . Based on Westfall's evidence, any reasonable juror would believe that his use of the knife created a substantial risk of causing death or serious physical injury.”
State v. Bruner, 541 S.W.3d 529 (Mo. 2018).
· cites it 2× “Section 563.011(3) defines "[f]orcible felony" as "any felony involving the use or threat of physical force or violence against any individual, including but not limited to murder, robbery, burglary, arson, kidnapping, assault, and any forcible sexual offense.”
State v. Oates, 540 S.W.3d 858 (Mo. 2018).
· cites it 2× “" Section 563.011(3). If the underlying felony involves the defendant's use of force, then a prosecution for felony murder would be a prosecution for the defendant's use of force.”
State v. Goodine, 196 S.W.3d 607 (Mo. Ct. App. 2006).
· cites it 4× “Section 563.011(3) defines “premises” as “any building, inhabitable structure and any real property.”
State v. Kendrick, 550 S.W.3d 117 (Mo. Ct. App. 2018).
· cites it 2× “This evidence was offered to negate an essential element of unlawful use of a weapon-the crime with which Kendrick was charged-and specifically, the element requiring that the pistol was "readily capable of lethal use.”
State v. Clinch, 335 S.W.3d 579 (Mo. Ct. App. 2011).
· cites it 2× “The only relevant substantive change that the 2007 amendment made was to substitute the term "forcible felony” for the specific felonies justifying the use of deadly force and then define the term “forcible felony” in section 563.011(3) to mean "any felony involving the use or…”
State v. Burks, 237 S.W.3d 225 (Mo. Ct. App. 2007).
· cites it 4× “Section 563.011(1); see State v. Miller, 981 S.”
State v. Allred, 338 S.W.3d 375 (Mo. Ct. App. 2011).
· cites it 3× ““Forcible felony” is defined as “any felony involving the use or threat of physical force or violence against any individual, including but not limited to murder, robbery, burglary, arson, kidnapping, assault, and any forcible sexual offense[J” Section 563.011(3), RSMo…”
State v. Crudup, 415 S.W.3d 170 (Mo. Ct. App. 2013).
· cites it 3× “See Section 563.011(1), RSMo. (Cum.Supp.2010) (deadly force is force that actor knows to create substantial risk of death or serious physical injury); Carlock, 242 S.”
State v. Parkhurst, 845 S.W.2d 31 (Mo. 1993).
“” § 563.011(1). Unquestionably, the risk of death or serious physical harm is significantly elevated when one of the parties to an angry confrontation displays a handgun.”
Stiers v. State, 229 S.W.3d 257 (Mo. Ct. App. 2007).
· cites it 2× “2002) (quoting § 563.011(1) ). "`A person commits the crime of felonious restraint if he knowingly restrains another unlawfully and without consent so as to interfere substantially with [their] liberty and exposes [them] to a substantial risk of serious physical injury.”
— Mo. Rev. Stat. § 563.011(1) — 12 cases
State v. Westfall, 75 S.W.3d 278 (Mo. 2002).
“Section 563.011(1) RSMo 2000 . Based on Westfall's evidence, any reasonable juror would believe that his use of the knife created a substantial risk of causing death or serious physical injury.”
State v. Burks, 237 S.W.3d 225 (Mo. Ct. App. 2007).
“Section 563.011(1); see State v. Miller, 981 S.”
State v. Crudup, 415 S.W.3d 170 (Mo. Ct. App. 2013).
“See Section 563.011(1), RSMo. (Cum.Supp.2010) (deadly force is force that actor knows to create substantial risk of death or serious physical injury); Carlock, 242 S.”
State v. Parkhurst, 845 S.W.2d 31 (Mo. 1993).
“” § 563.011(1). Unquestionably, the risk of death or serious physical harm is significantly elevated when one of the parties to an angry confrontation displays a handgun.”
Stiers v. State, 229 S.W.3d 257 (Mo. Ct. App. 2007).
“2002) (quoting § 563.011(1) ). "`A person commits the crime of felonious restraint if he knowingly restrains another unlawfully and without consent so as to interfere substantially with [their] liberty and exposes [them] to a substantial risk of serious physical injury.”
— Mo. Rev. Stat. § 563.011(2) — 4 cases
— Mo. Rev. Stat. § 563.011(3) — 11 cases
State v. Bruner, 541 S.W.3d 529 (Mo. 2018).
“Section 563.011(3) defines "[f]orcible felony" as "any felony involving the use or threat of physical force or violence against any individual, including but not limited to murder, robbery, burglary, arson, kidnapping, assault, and any forcible sexual offense.”
State v. Oates, 540 S.W.3d 858 (Mo. 2018).
“" Section 563.011(3). If the underlying felony involves the defendant's use of force, then a prosecution for felony murder would be a prosecution for the defendant's use of force.”
State v. Goodine, 196 S.W.3d 607 (Mo. Ct. App. 2006).
“Section 563.011(3) defines “premises” as “any building, inhabitable structure and any real property.”
State v. Kendrick, 550 S.W.3d 117 (Mo. Ct. App. 2018).
“This evidence was offered to negate an essential element of unlawful use of a weapon-the crime with which Kendrick was charged-and specifically, the element requiring that the pistol was "readily capable of lethal use.”
State v. Clinch, 335 S.W.3d 579 (Mo. Ct. App. 2011).
“The only relevant substantive change that the 2007 amendment made was to substitute the term "forcible felony” for the specific felonies justifying the use of deadly force and then define the term “forcible felony” in section 563.011(3) to mean "any felony involving the use or…”
— Mo. Rev. Stat. § 563.011(4) — 5 cases
— Mo. Rev. Stat. § 563.011(6) — 2 cases
— Mo. Rev. Stat. § 563.011(7) — 1 case
— Mo. Rev. Stat. § 563.011(8) — 1 case
— Mo. Rev. Stat. § 563.011(9) — 3 cases
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