SEQ CHAPTER \h \r 1CR07-131 06/18/03

DEFENSE OF PROPERTY

This case presents the issue of whether (Def)_______________ was acting in the lawful defense of [his] [her] property, specifically [his] [her] (property)_______________.  When a person acts in lawful defense of [his] [her] property, [his] [her] actions are excused and [he] [she] is not guilty of any crime.  Once evidence raising the issue of defense of property appears in a case, as it has here, then the burden is on the State to prove, beyond a reasonable doubt, that (Def)_______________’s actions were not in the lawful defense of [his] [her] property.

(Def)_______________ had a right to use a reasonable amount of force to stop another person from interfering with or damaging [his] [her] property, if and only if the following circumstances were present:

1. The other person, _______________, was interfering with or about to interfere with (Def)_______________’s property;

2. (other person)_______________ did not have permission or legal authority to interfere with (Def)_______________’s property;

3. (Def)_______________ first requested (other person)_______________ to stop;

4. (other person)_______________ disregarded (Def)_______________’s request; and

5. (Def)_______________ reasonably believed that the use of force was necessary to avoid the interference with [his] [her] property.

Even if (Def)_______________ was justified in defending [his] [her] property from interference by (other person)_______________, [he] [she] was only entitled to use that amount of force which reasonably appeared to [him] [her] to be necessary to protect [his] [her] property from interference, under all the circumstances.  Defense of property does not justify the use of excessive force.

Once the issue of defense of property appears in the case, the burden is on the State to prove, beyond a reasonable doubt, that (Def)_______________ did not act in lawful defense of [his] [her] property, or that the force used by (Def)_______________ was excessive under the circumstances.  (Def)_______________ is not required to prove that [he] [she] acted in lawful defense of [his] [her] property.