Self-Def23/Defense of Property

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 against the other; and

(2)when and to the degree the defendant reasonably believes the deadly force is immediately necessary to prevent the other's imminent commission of criminal mischief during the nighttime; and

(3)he reasonably believes that:

(A) the land or property cannot be protected or recovered by any other means; or

(B) the use of force other than deadly force to protect or recover the land or property would expose the defendant to a substantial risk of death or serious bodily injury.

You are instructed that it is your duty to consider the evidence of all relevant facts and circumstances surrounding the alleged offense and the previous relationship existing between the accused and (COMPLAINANT), if any, together with all relevant facts and circumstances going to show the condition of the mind of the defendant at the time of the alleged offense, and you should place yourselves in the position of the defendant at the time in question and view the circumstances from his viewpoint alone.

"Deadly force" means force that is intended or known by the defendant to cause, or in the manner of its use or intended use is capable of causing, death or serious bodily injury.

"Reasonable belief" means a belief that would be held by an ordinary and prudent man in the same circumstances as the defendant.

"Criminal mischief" means a person intentionally or knowingly damages or destroys the tangible property of the owner, without the effective consent of the owner, or he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person.

"Property" means tangible or intangible personal property or documents, including money, that represents or embodies anything of value.

"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.

An "owner" is a person who has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the defendant.

Now, if you find from the evidence beyond a reasonable doubt that the defendant, (DEFENDANT), did , 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)'s imminent commission of criminal mischief during the nighttime, as above defined; 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 should acquit the defendant on the grounds of defense of property; or if you have a reasonable doubt as to whether or not the defendant was acting in defense of his property on said occasion and under the circumstances, 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 did not reasonably believe that deadly force when and to the degree used, if it was, was immediately necessary to prevent (COMPLAINANT)'s imminent commission of criminal mischief during the nighttime, as above defined; 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.