Lawful violence, what constitutes

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  • (a) Violence used to the person does not amount to an assault or an assault and battery—

    • (1) in the exercise of the right of moderate restraint or correction given by the law to the parents over the child, the guardian over the ward, the master over his apprentice or minor servant, whenever the former be authorized by the parent or guardian of the latter so to do;

    • (2) for the preservation of order in a meeting for religious or other lawful purposes, in case of obstinate resistance to the person charged with the preservation of order;

    • (3) the preservation of peace, or to prevent the commission of offenses;

    • (4) in preventing or interrupting an intrusion upon the lawful possession of property, against the will of the owner or person in charge thereof;

    • (5) in making a lawful arrest and detaining the party arrested, in obedience to the lawful orders of a magistrate judge or court, and in overcoming resistance to such lawful order; or

    • (6) in self defense or in defense of another against unlawful violence offered to his person or property.

  • (b) In all cases mentioned in subsection (a) of this section, where violence is permitted to effect a lawful purpose, only that degree of force must be used which is necessary to effect such purpose.


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