IN IJA 10.0500. Use of Force to Protect Property.

IN IJA 10.0500. Use of Force to Protect Property.

State: Indiana

Indiana Judges Association (IJA) (2017)

CHAPTER 10 DEFENSES RELATING TO CULPABILITY

Instruction No. 10.0500. Use of Force to Protect Property.

I.C. 35-41-3-2.

It is an issue whether the Defendant acted in defense of his/her property.

[With respect to property other than (a dwelling) (the land adjoining a dwelling, including buildings, used for domestic purposes) (an occupied motor vehicle),] (A) person may use reasonable force, but not deadly force, against another person if he reasonably believes that the force is necessary to immediately prevent or terminate the other person’s (trespass on) (criminal interference with) property (lawfully in Defendant’s possession) (lawfully in possession of a member of Defendant’s immediate family) (belonging to a person whose property Defendant has authority to protect).

[However, a person may not use force if:

(he/she is committing a crime that is directly and immediately connected to the trespass or criminal interference with the property (lawfully in Defendant’s possession) (lawfully in possession of a member of Defendant’s immediate family) (belonging to a person whose property Defendant has authority to protect) (use a descriptive term based on evidence).)

(or)

(he/she is escaping after the commission of a crime that is directly and immediately connected to the property (lawfully in Defendant’s possession) (lawfully in possession of a member of Defendant’s immediate family) (belonging to a person whose property Defendant has authority to protect)) (use a descriptive term based on evidence).)

(or)

(he/she provokes a fight with another person with intent to cause bodily injury to that person)

(or)

(he/she has willingly entered into a fight with another person or started the fight, unless he/she withdraws from the fight and communicates to the other person his/her intent to withdraw and the other person nevertheless continues or threatens to continue the fight).]

The State has the burden of proving beyond a reasonable doubt that the Defendant did not act in defense of his/her property.

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