[Code of Federal Regulations]
[Title 32, Volume 4]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR632.4]

[Page 32-33]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED)
 
PART 632--USE OF FORCE BY PERSONNEL ENGAGED IN LAW ENFORCEMENT AND SECURITY DUTIES--Table of Contents
 
Sec. 632.4  Deadly force.

    (a) Deadly force is destructive physical force directed against a 
person or persons (e.g., firing a lethal weapon). Use it only in extreme 
need, when all lesser means have failed or cannot reasonably be used. 
Use deadly force for one or more of the following reasons only:
    (1) In self-defense, when in imminent danger of death or serious 
injury.
    (2) To protect property related to national security, when 
reasonably necessary to prevent--
    (i) Threatened theft, damage, or espionage aimed at property or 
information specified by a commander or other competent authority as 
vital to national security. (See paragraph (b) of this section.)
    (ii) Actual theft, damage, or espionage aimed at property or 
information which, though not vital, is substantially important to 
national security. (See paragraph (b) of this section.)
    (iii) Escape of an individual whose unauthorized presence near 
property or information vital to national security is a reasonable 
threat of theft, sabotage, or espionage.
    (3) To prevent actual theft or sabotage of property (such as 
operable weapons or ammunition) which could cause deadly harm to others 
in the hands of an unauthorized person.
    (4) To prevent serious offenses against a person or persons (e.g., 
armed robbery, rape, or violent destruction of property by arson, 
bombing).
    (5) To apprehend a suspect believed to have committed any of the 
types of offenses named in paragraphs (a) (2), (3), and (4) of this 
section.
    (6) To prevent the escape of a prisoner (when authorized by a 
commander or other competent authority and reasonably necessary).
    (7) To obey lawful orders from higher authority governed by this 
regulation.
    (b) A commander or other competent authority will specify that 
property or information is--
    (1) Vital to national security only when its loss, damage, or 
compromise would seriously harm national security or an essential 
national defense mission.
    (2) Substantially important to national security based on the 
mission

[[Page 33]]

and the material or information required to perform it.
    (c) To comply with local law or international agreement or 
arrangements, a commander may impose further restrictions on using 
deadly force. (Restrictions should not unduly compromise U.S. security 
interests).
    (d) Security criteria and standards for protection of nuclear 
weapons (paragraph (c) of this section AR 50-5-1) and for chemical 
agents (paragraph (c) of this section AR 50-6-1) also apply.