GA 3.04.10 Justification; Use of Force in Defense of Property

GA 3.04.10 Justification; Use of Force in Defense of Property

State: Georgia

 

GEORGIA CRIMINAL JURY INSTRUCTIONS (G.C.J.I. 2003)

GA  3.04.10 Justification; Use of Force in Defense of Property

A person is justified in threatening or using force against another person when, and to the extent that, the person reasonably believes that such threat or force is necessary to prevent or terminate the other’s trespass on or other tortious or criminal interference with real property (other than a residence or place of business) or personal property (other than a motor vehicle) that

 

a) is lawfully in the person’s possession,

b) is lawfully in possession of a member of the person’s immediate family, or

c) belongs to another person whom the person had a legal duty to protect.

 

The use of force that is intended or likely to cause death or great bodily harm to prevent a trespass on or other tortious or criminal interference with real property (other than a residence or place of business) or personal property (other than a motor vehicle) is not justified, unless the person using such force reasonably believes that such force is necessary to prevent the commission of a forcible felony.

 

(See definition of personal property in O.C.G.A. §16-3 -24.1)

O.C.G.A. §16-3-24

Williams v. State, 144 Ga. App. 72 (1977)

By | 2013-01-14T17:57:40+00:00 January 14th, 2013|Comments Off on GA 3.04.10 Justification; Use of Force in Defense of Property