200.140 - Justifiable homicide by public officer.

200.140  Justifiable homicide by public officer.  Homicide is justifiable when committed by a public officer, or person acting under the command and in the aid of the public officer, in the following cases:

      1.  In obedience to the judgment of a competent court.

      2.  When necessary to overcome actual resistance to the execution of the legal process, mandate or order of a court or officer, or in the discharge of a legal duty.

      3.  When necessary:

      (a) In retaking an escaped or rescued prisoner who has been committed, arrested for, or convicted of a felony;

      (b) In attempting, by lawful ways or means, to apprehend or arrest a person; or

      (c) In lawfully suppressing a riot or preserving the peace.

      [1911 C&P § 131; RL § 6396; NCL § 10078]—(NRS A 1975, 323; 1993, 931)