Missouri
Missouri Self-Defense Laws: Stand Your Ground & Castle Doctrine (2026)
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. How we verify our legal content

Yes, Missouri is a stand-your-ground state. RSMo 563.031.3 removes any duty to retreat for a person in any location they have a right to be, and RSMo 563.074 provides an absolute defense to both criminal prosecution and civil liability when force is justified. Missouri expanded its stand-your-ground protection statewide through 2016 SB 656, effective October 14, 2016.
Information last verified on June 1, 2026 against revisor.mo.gov.
Jurisdiction scope: This article covers Missouri state law only, specifically RSMo Chapter 563, and reflects statutes verified at revisor.mo.gov as of June 1, 2026. It does not address federal law or the law of other states. For a 50-state comparison, see self-defense laws by state.
Is Missouri a Stand-Your-Ground State?
Yes. Missouri is a stand-your-ground state under RSMo 563.031.3, which provides that a person does not have a duty to retreat from a dwelling, residence, or vehicle where they are lawfully present; from private property they own or lease; or from any other location they have a right to be. The third category, any other location the person has a right to be, is the operative stand-your-ground provision and eliminates any duty to retreat in public spaces.
Missouri enacted this statewide no-retreat rule through 2016 SB 656, effective October 14, 2016. Before that amendment, Missouri law required persons outside the home to retreat if possible. SB 656 removed that obligation entirely, aligning Missouri with the majority of US states that have abolished the public-space duty to retreat.
The practical effect is significant. A Missouri resident who is lawfully present in a park, parking lot, or any other public location and faces an imminent threat of death, serious physical injury, or a forcible felony may stand their ground and respond with force without first attempting to escape, provided the other elements of RSMo 563.031 are satisfied.
RSMo 563.031 governs both non-deadly and deadly force, with separate standards for each. Non-deadly force may be used under subsection 1 when a person reasonably believes it is necessary to defend against the use or imminent use of unlawful force. Deadly force requires the heightened standard in subsection 2, described in the section below. The no-duty-to-retreat rule in subsection 3 applies to both categories of force.
Castle Doctrine: Dwelling, Residence, Leased Premises, and Occupied Vehicle
Missouri's castle doctrine appears in RSMo 563.031.2(2) and 563.031.2(3), which extend the deadly-force authorization to two distinct situations involving protected locations.

RSMo 563.031.2(2) permits a person to use deadly force against anyone who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter a dwelling, residence, or vehicle lawfully occupied by that person. The three locations, dwelling, residence, and vehicle, are each separately protected. A dwelling includes a home or any place a person uses as a regular living space. A residence covers a place of temporary lodging. A vehicle must be lawfully occupied by the defender at the time of the entry or attempted entry.
RSMo 563.031.2(3) provides a parallel authorization for force against a person who unlawfully enters private property that is owned or leased by an individual, or is occupied by an individual who has been given specific authority by the property owner. This subsection extends castle-doctrine-style protection beyond the physical structure of the home to land and other property the defender is entitled to occupy.
RSMo 563.031.5 limits its burden shift to force described under RSMo 563.031.2(2), the dwelling, residence, or vehicle ground: if the defendant asserts that ground, the state must then prove beyond a reasonable doubt that the defendant did not reasonably believe the use of force was necessary. The statute does not extend that burden shift to force asserted under RSMo 563.031.2(3), the private-property ground -- a defendant relying on subdivision (3) retains the burden of injecting the issue of justification under subsection 5's general rule.
What the Castle Doctrine Does Not Cover
The castle doctrine provisions in RSMo 563.031.2(2) and (3) address unlawful entry or presence. They do not apply when the person against whom force is used had a legal right to be in the location. A co-tenant, lawful resident, or person with a court-recognized right to enter does not trigger the castle-doctrine provisions; subsection 5's burden shift is available only for force described under subdivision (2), so it never applies to a subdivision (3) private-property claim regardless of the other person's legal right to be there.
Watch out: Missouri's castle doctrine covers a vehicle only when it is lawfully occupied by the defender at the time of the entry. An unoccupied parked vehicle does not trigger RSMo 563.031.2(2). If a confrontation begins outside the vehicle and the defender has not entered it, the castle-doctrine provision does not apply, though the stand-your-ground rule under subsection 3 may still be relevant if the person is lawfully present at that location.
When Deadly Force Is Justified: The RSMo 563.031 Standard
Deadly force requires a reasonable belief that it is necessary to meet one of three threats listed in RSMo 563.031.2. The three independent grounds for deadly force are:
Subsection 2(1): Death, serious physical injury, or any forcible felony. A person may use deadly force when they reasonably believe it is necessary to protect themselves, or another person, against death, serious physical injury, or any forcible felony. Missouri does not statutorily define "forcible felony"; RSMo 563.031.2(1) uses the term without cross-referencing a definition. RSMo 556.061 defines the different term "dangerous felony" (the offenses requiring 85 percent of the imposed sentence served before parole eligibility, including arson in the first degree, assault in the first degree, forcible rape, forcible sodomy, kidnapping, murder in the second degree, and robbery in the first degree, among others) and separately defines "forcible compulsion" as physical force that overcomes reasonable resistance, or a threat of death, serious physical injury, or kidnapping.
Subsection 2(2): Unlawful entry into a dwelling, residence, or occupied vehicle. As described above, the castle-doctrine provision permits deadly force against an intruder who unlawfully enters or attempts to unlawfully enter these protected locations.
Subsection 2(3): Unlawful entry onto private property. Deadly force is also authorized against a person who unlawfully enters private property owned or leased by the defender, or occupied by the defender with the owner's specific authorization.
The standard throughout is objective reasonableness: what a reasonable person in the same circumstances would have believed, not solely what the defendant subjectively believed. Missouri courts evaluate both the defendant's actual belief and whether that belief was objectively reasonable given all the facts available at the moment force was used.
Non-deadly physical force under subsection 1 requires only a reasonable belief that such force is necessary to defend against unlawful force or its imminent use. Subsection 1 does contain three exceptions that deny justification: the initial-aggressor rule; a situation where the person being protected would not themselves have been justified in using such force; and a situation where the defender was committing or fleeing after committing a forcible felony.
Civil Immunity Under RSMo 563.074
RSMo 563.074 provides two layers of protection for a person whose use of force is justified under Chapter 563. Subsection 1 establishes that such a person has an absolute defense to both criminal prosecution and civil liability. Subsection 2 requires the court to award attorney fees, court costs, and all reasonable expenses incurred by the defendant in defense of any civil action when the court finds the absolute defense applies.

The practical consequences are substantial. On the civil side, a person sued for injuries or death resulting from justified use of force can raise RSMo 563.074 as a complete bar to the claim. On the criminal side, the justification operates as a full defense at trial. The mandatory fee-shifting rule in subsection 2 means that a plaintiff who pursues a civil suit against a defendant who is found to have acted in justified self-defense faces a court-ordered obligation to pay the defendant's attorney fees, costs, and expenses. The word "shall" in subsection 2 makes the award mandatory, not discretionary.
RSMo 563.074 was enacted through 2007 SB 62 and 41, effective August 28, 2007, predating the 2016 SB 656 stand-your-ground expansion. The civil-immunity statute applies to force justified under RSMo 563.031, 563.041, 563.046, 563.051, 563.056, and 563.061. The breadth of cross-references means the immunity extends to defense of a person, defense of property, and use of force by certain security personnel, not only to personal self-defense under RSMo 563.031.
Defendants who plan to assert immunity should do so as early as possible in a criminal or civil proceeding. Missouri courts have addressed immunity claims at the pretrial stage through motions to dismiss, though the precise procedural mechanism for raising the defense at various stages of a case is a question requiring analysis by a criminal-defense attorney familiar with Missouri practice.
When Self-Defense Fails in Missouri
Several circumstances defeat a self-defense claim under RSMo Chapter 563, regardless of the stand-your-ground and castle-doctrine protections.
Initial aggressor. RSMo 563.031.1 denies justification to a person who was the initial aggressor in the confrontation. An initial aggressor loses the right to claim self-defense unless they withdraw from the encounter and effectively communicate that withdrawal to the other person, and the other person then continues or threatens force. Simply retreating without communicating the withdrawal is not sufficient to regain the right to use defensive force. This is the most common factual issue litigated in Missouri self-defense cases.
Unlawful entry onto property: the aggressor exception under subsection 2(3). RSMo 563.031.2(3) covers unlawful entry onto owned or leased private property, but the provision uses the phrase "unlawfully enters." A person who themselves entered a location unlawfully cannot invoke the property-protection provision against the owner or a person with lawful authority to be there.
Excessive force. Deadly force is justified only when the defender reasonably believes it is necessary to prevent death, serious physical injury, or a forcible felony under subsection 2(1), or to repel an unlawful entry under subsections 2(2) and 2(3). Responding with deadly force to a threat that a reasonable person would address with non-deadly force defeats the justification and may itself be a criminal act.
Protecting a third person who would not be justified. RSMo 563.031.1(2) denies justification where force is used to protect a third person who would not themselves be justified in using such force under the circumstances. A person who intervenes in a dispute without understanding that the third party was the aggressor may not be able to claim justification.
Committing a forcible felony. RSMo 563.031.1(3) denies justification to a person who is committing, or escaping after committing, a forcible felony. Participation in an underlying crime negates the right to claim self-defense against others involved in that crime or responding to it.
Watch out: The absolute defense under RSMo 563.074 depends on the use of force being justified under RSMo 563.031 or another applicable statute. A defendant whose initial-aggressor status or excessive-force use defeats the justification loses the benefit of both the criminal defense and the civil immunity, including the mandatory fee-shifting provision. The factual question of who initiated the confrontation is often the turning point.

Legal disclaimer: This article provides general legal information about Missouri self-defense, stand-your-ground, and castle-doctrine law as of June 1, 2026. It does not constitute legal advice and does not create an attorney-client relationship. Use-of-force situations carry serious criminal and civil consequences that depend heavily on the specific facts involved. Laws can change after the date of verification. Consult a licensed Missouri criminal-defense attorney before making any decisions based on information here.
Last updated: June 1, 2026. Missouri statutes verified at revisor.mo.gov as of June 1, 2026.
For laws in other states, see self-defense laws by state.
For related Missouri property law, see Missouri squatters rights and adverse possession.
More Missouri Laws
Frequently Asked Questions
Is Missouri a stand-your-ground state?
Yes. RSMo 563.031.3 provides that a person does not have a duty to retreat from a dwelling, residence, or vehicle where they are lawfully present, from private property they own or lease, or from any other location they have a right to be. The third category eliminates any duty to retreat in public. Missouri expanded this protection statewide through 2016 SB 656, effective October 14, 2016.
Do I have to retreat before using force in Missouri?
No. Missouri abolished the duty to retreat through RSMo 563.031.3, which applies to any location a person has a right to be. You are not required to attempt to escape or retreat before using force in self-defense in Missouri, whether the confrontation occurs in your home, on your property, or in a public place. The exception is if you were the initial aggressor, in which case you must withdraw and communicate that withdrawal before regaining the right to use defensive force.
Does Missouri's castle doctrine cover my car?
Yes, if the vehicle is lawfully occupied by you at the time. RSMo 563.031.2(2) specifically includes a vehicle lawfully occupied by the defender among the locations that trigger the castle-doctrine provision. If someone unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter your occupied vehicle, deadly force may be justified under that subsection.
Can I use deadly force to protect my property in Missouri?
RSMo 563.031.2(3) permits deadly force against a person who unlawfully enters private property that is owned or leased by the defender, or occupied with the owner's specific authorization. However, the force must still be objectively reasonable and necessary. Deadly force to protect purely economic interests in personal property not connected to an occupied location is unlikely to satisfy the reasonableness standard required by RSMo 563.031.2(1).
Does Missouri provide civil immunity for self-defense?
Yes. RSMo 563.074.1 provides an absolute defense to civil liability for any use of force justified under RSMo 563.031. RSMo 563.074.2 requires the court to award attorney fees, court costs, and all reasonable defense expenses to the defendant when the court finds the absolute defense applies. The fee award is mandatory: the statute uses the word shall, leaving no discretion to the court.
What did Missouri's 2016 SB 656 change about self-defense?
2016 SB 656, effective October 14, 2016, amended RSMo 563.031.3 to remove the duty to retreat from any other location the person has a right to be. Before the amendment, the no-retreat rule was limited to dwellings, residences, and vehicles. The 2016 change extended stand-your-ground protection to all public spaces and any location where the person is lawfully present.
What happens if I was the initial aggressor in Missouri?
An initial aggressor cannot claim self-defense under RSMo 563.031.1 unless they withdraw from the encounter and effectively communicate that withdrawal to the other person, and the other person then continues or threatens to continue force. Simply walking away without communicating withdrawal is not sufficient. Being the initial aggressor is one of the most common factual findings that defeats a Missouri self-defense claim.
Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected a false attribution: RSMo 556.061 does not define 'forcible felony' (the term RSMo 563.031.2(1) uses is statutorily undefined). 556.061 defines the different terms 'dangerous felony' and 'forcible compulsion'.
Governing law re-checked for recent changes
Corrected the RSMo 563.031.5 burden-shift description: the statute limits the state's burden to prove a lack of reasonable belief to force asserted under the dwelling/residence/vehicle ground (subdivision (2)) -- it does not extend to the private-property ground (subdivision (3)), as the article previously implied in two places.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Revised Statutes of Missouri, Title XXXVIII (CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS), Chapter 556
§ 556.061Code definitions.In force
In this code, unless the context requires a different definition, the following terms shall mean: (1) "Access", to instruct, communicate with, store data in, retrieve or extract data from, or otherwise make any use of any resources of, a computer, computer system, or computer network; (2) "Affirmative defense": (a) The defense referred to is not submitted to the trier of fact unless supported by evidence; and (b) If the defense is submitted to the trier of fact the defendant has the burden of persuasion that the defense is more probably true than not; (3) "Burden of injecting the issue": (a) The issue referred to is not submitted to the trier of fact unless supported by evidence; and (b) If the issue is submitted to the trier of fact any reasonable doubt on the issue requires a finding for the defendant on that issue; (4) "Commercial film and photographic print processor", any person who develops exposed photographic film into negatives, slides or prints, or who makes prints from negatives or slides, for compensation. The term commercial film and photographic print processor shall include all employees of such persons but shall not include a person who develops…
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 115 court opinionsMost recently applied by a court: 2024
Leading cases:
- State v. Jackson (Missouri Court of Appeals 1997, 948 S.W.2d 138)“…or has been convicted of a dangerous felony, as defined in section 556.061, RSMo, or of an attempt to commit a dangerous…”
- Stiers v. State (Missouri Court of Appeals 2007, 229 S.W.3d 257)“…oss or impairment of the function of any part of the body." RSMo § 556.061(28). A self-defense instruction is gene…”
- McPherson v. State (Missouri Court of Appeals 1991, 818 S.W.2d 708)“…burglary is one of the “dangerous felonies” enumerated in RSMo § 556.061(8) (1986). Appellant’s argument for r…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Revised Statutes of Missouri, Title XXXVIII (CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS), Chapter 563
§ 563.031Use of force in defense of persons.In forcecited in 2 of our articles
1. A person may, subject to the provisions of subsection 2 of this section, use physical force upon another person when and to the extent he or she reasonably believes such force to be necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful force by such other person, unless: (1) The actor was the initial aggressor; except that in such case his or her use of force is nevertheless justifiable provided: (a) He or she has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened use of unlawful force; or (b) He or she is a law enforcement officer and as such is an aggressor pursuant to section 563.046; or (c) The aggressor is justified under some other provision of this chapter or other provision of law; (2) Under the circumstances as the actor reasonably believes them to be, the person whom he or she seeks to protect would not be justified in using such protective force; (3) The actor was attempting to commit, committing, or escaping after the commission of a forcible felony.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 49 court opinionsMost recently applied by a court: 2026
Leading cases:
- State v. Bruner (Supreme Court of Missouri 2018, 541 S.W.3d 529)“…events at issue here, differs only in the duty to retreat. § 563.031, RSMo Supp. 2016. The legislature has repeat…”
- State v. Clinch (Missouri Court of Appeals 2011, 335 S.W.3d 579)“…equired by the statute governing a defense of others claim, section 563.031, RSMo Cum.Supp. 2007. During a hearing on the…”
- State of Missouri v. Richard John Whipple (Missouri Court of Appeals 2016, 501 S.W.3d 507)“…defense still must meet the reasonableness requirements of section 563.031 RSMo Supp. 2011 4 in order for him to be en…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Self-Defense Laws by State: Stand Your Ground & Castle Doctrine (2026)
§ 563.074Justification as an absolute defense, when.In force
1. Notwithstanding the provisions of section 563.016, a person who uses force as described in sections 563.031, 563.041, 563.046, 563.051, 563.056, and 563.061 is justified in using such force and such fact shall be an absolute defense to criminal prosecution or civil liability. 2. The court shall award attorney's fees, court costs, and all reasonable expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant has an absolute defense as provided in subsection 1 of this section.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
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Sources and References
- RSMo 563.031 (Use of force in defense of persons)(revisor.mo.gov)
- RSMo 563.074 (Justification as absolute defense to civil and criminal liability)(revisor.mo.gov)
- Cornell LII: Self-defense (overview)(law.cornell.edu)