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N.Y. Penal Law § 35.10

Justification; use of physical force generally

Applied in 10 court decisions — leading case Commonwealth v. Dorvil (2015)

Most recently applied in State v. Patterson (January 2025)

2014-09-22

How often courts cite this section

20142020202530
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

§ 35.10 Justification; use of physical force generally.\n The use of physical force upon another person which would otherwise\nconstitute an offense is justifiable and not criminal under any of the\nfollowing circumstances:\n 1. A parent, guardian or other person entrusted with the care and\nsupervision of a person under the age of twenty-one or an incompetent\nperson, and a teacher or other person entrusted with the care and\nsupervision of a person under the age of twenty-one for a special\npurpose, may use physical force, but not deadly physical force, upon\nsuch person when and to the extent that he reasonably believes it\nnecessary to maintain discipline or to promote the welfare of such\nperson.\n 2. A warden or other authorized official of a jail, prison or\ncorrectional institution may, in order to maintain order and discipline,\nuse such physical force as is authorized by the correction law.\n 3. A person responsible for the maintenance of order in a common\ncarrier of passengers, or a person acting under his direction, may use\nphysical force when and to the extent that he reasonably believes it\nnecessary to maintain order, but he may use deadly physical force only\nwhen he reasonably believes it necessary to prevent death or serious\nphysical injury.\n 4. A person acting under a reasonable belief that another person is\nabout to commit suicide or to inflict serious physical injury upon\nhimself may use physical force upon such person to the extent that he\nreasonably believes it necessary to thwart such result.\n 5. A duly licensed physician, or a person acting under a physician's\ndirection, may use physical force for the purpose of administering a\nrecognized form of treatment which he or she reasonably believes to be\nadapted to promoting the physical or mental health of the patient if (a)\nthe treatment is administered with the consent of the patient or, if the\npatient is under the age of eighteen years or an incompetent person,\nwith the consent of the parent, guardian or other person entrusted with\nthe patient's care and supervision, or (b) the treatment is administered\nin an emergency when the physician reasonably believes that no one\ncompetent to consent can be consulted and that a reasonable person,\nwishing to safeguard the welfare of the patient, would consent.\n 6. A person may, pursuant to the ensuing provisions of this article,\nuse physical force upon another person in self-defense or defense of a\nthird person, or in defense of premises, or in order to prevent larceny\nof or criminal mischief to property, or in order to effect an arrest or\nprevent an escape from custody. Whenever a person is authorized by any\nsuch provision to use deadly physical force in any given circumstance,\nnothing contained in any other such provision may be deemed to negate or\nqualify such authorization.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.