AZ RAJI3d 4.19 − Justification: Presumption and Exceptions

AZ RAJI3d 4.19 − Justification: Presumption and Exceptions

State: Arizona

 

Revised Arizona Jury Instruction (RAJI 3d)

AZ RAJI3d 4.19 − Justification: Presumption and Exceptions

 

The defendant is presumed to have acted reasonably if the defendant acted against another person who unlawfully or forcefully entered the defendant’s residential structure or occupied vehicle.

The presumption does not apply if:

[The person against whom physical force or deadly physical force was used had the right to be in or was a lawful resident of the residential structure or occupied vehicle, including an owner, lessee, invitee or titleholder, and an order of protection or injunction against harassment had not been filed against that person.]

[The person against whom physical force or deadly physical force was used was the parent or grandparent, or had legal custody or guardianship, of a child or grandchild sought to be removed from the residential structure or occupied vehicle.]

[The person who used physical force or deadly physical force was engaged in an unlawful activity or was using the residential structure or occupied vehicle to further an unlawful activity.]

[The person against whom physical force or deadly physical force was used was a law enforcement officer who entered or attempted to enter a residential structure or occupied vehicle in the performance of official duties.]

[“Residential structure” means any structure, movable or immovable, permanent or temporary, that is adapted for both human residence and lodging whether occupied or not.]

[“Vehicle” means a conveyance of any kind, whether or not motorized, that is designed to transport persons or property.]

By | 2013-01-14T11:14:06+00:00 January 14th, 2013|Comments Off on AZ RAJI3d 4.19 − Justification: Presumption and Exceptions