Defense of property. To use or to attempt to offer to use force or violence upon or toward the person of another is not unlawful in the following cases: 1. When necessarily committed by a public officer in the performance of any legal duty, or by any other person assisting such officer or acting by such officer's direction; 2. When necessarily committed by any person in arresting one who has committed any felony, and delivering such person to a public officer competent to receive such person in custody; 3. When committed either by the person about to be injured, or by any other person in such person's aid or defense, in preventing or attempting to prevent an offense against such person, or any trespass or other unlawful interference with real or personal property in such person's lawful possession; provided the force or violence used is not more than sufficient to prevent such offense; 4. When committed by a parent or the authorized agent of any parent, or by any guardian, master or teacher, in the exercise of a lawful authority to restrain or correct such person's child, ward, apprentice or scholar, provided restraint or correction has been rendered necessary by the misconduct of such child, ward, apprentice or scholar, or by the child's refusal to obey the lawful command of such parent or authorized agent or guardian, master or teacher, and the force or violence used is reasonable in manner and moderate in degree; 5. When committed by a carrier of passengers, or the authorized agents or servants of such carrier, or by any person assisting them at their request, in expelling from any carriage, railroad car, vessel or other vehicle, any passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers, if such vehicle has first been stopped and the force and violence used is not more than is sufficient to expel the offending
passenger, with a reasonable regard to such passenger's personal safety; and 6. When committed by any person in preventing a person who is impaired by reason of intellectual or developmental disability as defined by Section 1430.2 of Title 10 of the Oklahoma Statutes, a mentally ill person, insane person or other person of unsound mind, including persons temporarily or partially deprived of reason, from committing an act dangerous to such person's self or to another, or enforcing such restraint as is necessary for the protection of the person or for restoration to health, during such period only as shall be necessary to obtain legal authority for the restraint or custody of the person. R.L. 1910, § 2342. Amended by Laws 1998, c. 246, § 12, eff. Nov. 1, 1998; Laws 2019, c. 475, § 17, eff. Nov. 1, 2019.
Notes of Decisions
Cited in
18
cases (
3 in the last 5 years), 1954–2025 · leading case:
State v. Anderson, 1998 OK CR 67 (Okla. Crim. App. 1998).
State v. Anderson, 1998 OK CR 67 (Okla. Crim. App. 1998).
· cites it 5× “[3] Under 21 O.S.1991, § 643(3) force may be used by a party about to be injured in order to prevent the commission of an offense, but the amount of force is limited to that sufficient to prevent such offense.”
Boget v. State, 74 S.W.3d 23 (Tex. Crim. App. 2002).
“Ann § 30-2-7 (Michie 2001); Okla. Stat. tit. 21 § 643, 733 (2000); S.”
Lee v. State, 637 P.2d 879 (Okla. Crim. App. 1981).
· cites it 2× “1971, § 731(1), with the statute governing use of force in defense of a third person, when the charge is assault or battery, 21 O.S.1971, § 643(3). Title 21 O.S.1971, § 643(3), essentially allows the use of force to come to the aid or defense of any (Emphasis ours) person,…”
Hagen v. Indep. Sch. Dist. No. 1-004, 2007 OK 19 (Okla. 2007).
“21 O.S.2001, § 643(4). In this case, the thirty-minute confrontation and slapping incident did not occur because of the child's misconduct or refusal to obey a lawful command nor was it an attempt to discipline the child.”
Commonwealth v. Dorvil, 32 N.E.3d 861 (Mass. 2015).
“§ 45-3-107 (permitting “the use of force that is reasonable and necessary to restrain or correct the person’s child, ward, apprentice, or pupil”); Okla. Stat. tit. 21, § 643 (permitting parental “use of force or violence” provided it “is reasonable in manner and moderate in…”
State v. Patterson, 2025 Ohio 280 (Ohio Ct. App. 2025).
“1-05-12; Okla. Stat. tit. 21, §§ 643 , 731-733, 1289.”
Cowles v. State, 636 P.2d 342 (Okla. Crim. App. 1981).
“Title 21 O.S.1971, § 643. But if deadly force is used and the attacker is killed, then the applicable statute is 21 O.”
Cordray v. State, 268 P.2d 316 (Okla. Crim. App. 1954).
“” 21 O.S.1951 § 643. Only three witnesses testified to the facts surrounding the alleged assault.”
Davis v. State, 354 P.2d 466 (Okla. Crim. App. 1960).
“” 21 O.S.1951 § 643. “Every person who, with intent to do bodily harm, and without justifiable or excusable cause commits any assault (and battery) upon the person of another with any sharp or dangerous weapon, or who, without such cause shoots or attempts to shoot at another,…”
— Okla. Stat. tit. 21, § 643(1) — 1 case
— Okla. Stat. tit. 21, § 643(3) — 3 cases
State v. Anderson, 1998 OK CR 67 (Okla. Crim. App. 1998).
“[3] Under 21 O.S.1991, § 643(3) force may be used by a party about to be injured in order to prevent the commission of an offense, but the amount of force is limited to that sufficient to prevent such offense.”
Lee v. State, 637 P.2d 879 (Okla. Crim. App. 1981).
“1971, § 731(1), with the statute governing use of force in defense of a third person, when the charge is assault or battery, 21 O.S.1971, § 643(3). Title 21 O.S.1971, § 643(3), essentially allows the use of force to come to the aid or defense of any (Emphasis ours) person,…”
— Okla. Stat. tit. 21, § 643(4) — 2 cases
Hagen v. Indep. Sch. Dist. No. 1-004, 2007 OK 19 (Okla. 2007).
“21 O.S.2001, § 643(4). In this case, the thirty-minute confrontation and slapping incident did not occur because of the child's misconduct or refusal to obey a lawful command nor was it an attempt to discipline the child.”
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treatment. Dots show Syfertize treatment of the citing case itself.