§ 35.10 Justification; use of physical force generally.
The use of physical force upon another person which would
otherwise constitute an offense is justifiable and not criminal
under any of the following circumstances:
1. A parent, guardian or other person entrusted with the
care and supervision of a person under the age of twenty-one or
an incompetent person, and a teacher or other person entrusted
with the care and supervision of a person under the age of
twenty-one for a special purpose, may use physical force, but not
deadly physical force, upon such person when and to the extent
that he reasonably believes it necessary to maintain discipline
or to promote the welfare of such person.
2. A warden or other authorized official of a jail, prison
or correctional institution may, in order to maintain order and
discipline, use such physical force as is authorized by the
correction law.
3. A person responsible for the maintenance of order in a
common carrier of passengers, or a person acting under his
direction, may use physical force when and to the extent that he
reasonably believes it necessary to maintain order, but he may
use deadly physical force only when he reasonably believes it
necessary to prevent death or serious physical injury.
4. A person acting under a reasonable belief that another
person is about to commit suicide or to inflict serious physical
injury upon himself may use physical force upon such person to
the extent that he reasonably believes it necessary to thwart
such result.
5. A duly licensed physician, or a person acting under a
physician's direction, may use physical force for the purpose of
administering a recognized form of treatment which he or she
reasonably believes to be adapted to promoting the physical or
mental health of the patient if (a) the treatment is
administered with the consent of the patient or, if the patient
is under the age of eighteen years or an incompetent person,
with the consent of the parent, guardian or other person
entrusted with the patient's care and supervision, or (b) the
treatment is administered in an emergency when the physician
reasonably believes that no one competent to consent can be
consulted and that a reasonable person, wishing to safeguard the
welfare of the patient, would consent.
6. A person may, pursuant to the ensuing provisions of this
article, use physical force upon another person in self-defense
or defense of a third person, or in defense of premises, or in order
to prevent larceny of or criminal mischief to property, or in
order to effect an arrest or prevent an escape from custody.
Whenever a person is authorized by any such provision to use
deadly physical force in any given circumstance, nothing
contained in any other such provision may be deemed to negate or
qualify such authorization.
NYSentencing