You are instructed that a person in lawful possession of land or tangible movable property is justified in using force against another when and to the degree he reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.
A person is justified in using deadly force against another to protect his land or tangible, movable property, and the possession thereof:
(1) if he would be justified in using force in the first place, as hereinabove set forth, and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary, as viewed from his standpoint at the time:
(a) to prevent the other person's imminent commission of burglary; or
(b) to prevent the other who is fleeing immediately after committing burglary from escaping with the property; and
(3) he reasonably believes that
(a) his land or property cannot be protected by any other means, or
(b) the use of force other than deadly force to protect his land or property would expose him or other persons to a substantial risk of death or serious bodily injury.
By the term "reasonable belief" as used herein is meant a belief that would be held by an ordinary and prudent person in the same circumstances as the defendant.
By the term "deadly force" is meant force that is intended or known by the persons using it to cause, or in the manner of its use or intended use is capable of causing, death or serious bodily injury.
You are instructed that a person commits the offense of burglary if, without the effective consent of the owner, he enters a habitation with intent to commit theft.
"Enter" means to intrude any part of the body, or any physical object connected to the body.
"Habitation" means a structure or vehicle that is adapted for the overnight accommodation of persons, and includes: (a) each separately secured or occupied portion of the structure or vehicle and (b) each structure appurtenant to or connected with the structure or vehicle.
"Theft" is the unlawful appropriation of property with intent to deprive the owner of said property.
"Appropriate" and "appropriation" means to acquire or otherwise exercise control over property other than real property. Appropriation of property is unlawful if it is without the owner's effective consent.
"Property" means tangible or intangible personal property, or a document, including money, that represents or embodies anything of value.
"Deprive" means to withhold property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the property is lost to the owner.
"Effective consent" means assent in fact, whether express or apparent, and includes consent by a person legally authorized to act for the owner. Consent is not effective if induced by force, threats, deception or coercion.
"Owner" means a person who has a greater right to possession of the property than the defendant.
"Possession" means actual care, custody, control, or management of the property.
Now, if you find from the evidence beyond a reasonable doubt that the defendant, (DEFENDANT), did cause bodily injury to (COMPLAINANT) by using a deadly weapon, namely, a firearm, as alleged, but you further find from the evidence or have a reasonable doubt thereof, that the defendant would have been justified in using force to protect his property against (COMPLAINANT) and that the defendant reasonably believed that deadly force when and to the degree used, if it was, was immediately necessary to prevent (COMPLAINANT)' imminent commission of burglary, as above defined, or to prevent (COMPLAINANT)' fleeing immediately after committing burglary; and the defendant reasonably believed that the land or property could not be protected or recovered by any other means; or the defendant reasonably believed that the use of force other than deadly force to protect or recover the land or property would expose the defendant or another to a substantial risk of death or serious bodily injury, then you will acquit the defendant and say by your verdict "Not Guilty."
If you find from the evidence beyond a reasonable doubt that at the time and place in question the defendant, (DEFENDANT), did not reasonably believethat deadly force when and to the degree used, if it was, was immediately necessary to prevent (COMPLAINANT)' imminent commission of burglary, as above defined, or to prevent (COMPLAINANT)' fleeing immediately after committing burglary; and the defendant did not reasonably believe that the land or property could not be protected or recovered by any other means; or the defendant, did not reasonably believe that the use of force other than deadly force to protect or recover the land or property would expose the defendant or another to a substantial risk of death or serious bodily injury, then you will find against the defendant on the issue of the protection of one's own property."