LA § 6:22 Justifiable homicide—Unauthorized entry into a dwelling, place of business, or motor vehicle

LA § 6:22 Justifiable homicide—Unauthorized entry into a dwelling, place of business, or motor vehicle

State: Louisiana

Louisiana Criminal Jury Instructions (2017)
§ 6:22 Justifiable homicide—Unauthorized entry into a dwelling, place of business or motor vehicle

A homicide is justifiable if the defendant was lawfully inside a dwelling [place of business] [motor vehicle] and killed a person who made or was attempting to make an unlawful entry into a dwelling [place of business] [motor vehicle] and the defendant reasonably believed that the use of deadly force was necessary to prevent the entry or to compel the intruder to leave the premises [motor vehicle].

Under such circumstances, a person is not required to retreat from the encounter even if the circumstances indicate that he could have done so without endangering himself [herself] or others. A person lawfully inside a [dwelling][place of business][motor vehicle] is presumed to have held a reasonable belief that the use of deadly force was necessary to prevent an unlawful entry into [or compel the intruder to leave] the [dwelling][place of business][motor vehicle] when:

(1) the person knew or had reason to believe that an unlawful and forcible entry had occurred [or was in process], and

(2) the person against whom the deadly force was used made [or was in the process of making] an unlawful and forcible entry.

A person who is not engaged in any unlawful activity and is in a place where he or she has a right to be has no duty to retreat before using deadly force for the purpose of preventing the unlawful entry or compelling the person to leave the premises or motor vehicle. The possibility of retreat shall not be considered as a factor in determining whether or not the use of deadly force was reasonable and apparently necessary to prevent the unlawful entry [or to compel the intruder to leave.]

Thus, if you find:

(1) that the defendant was lawfully in the [dwelling] [place of business] [motor vehicle];

(2) that the person killed made or was attempting to make an entry into the [dwelling] [place of business] [motor vehicle];

(3) that the entry by that person was unlawful; and

(4) that the defendant reasonably believed that the use of deadly force was necessary to prevent the entry or to compel the person to leave the [dwelling] [place of business] [motor vehicle]; then you must find the defendant not guilty.

I. If you find that

(1) the defendant was lawfully inside a [dwelling][place of business][motor vehicle] and

(2) the person against whom the force or violence was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered the [dwelling][place of business][motor vehicle] and

(3) the defendant knew or had reason to believe that an unlawful and forcible entry was occurring or had occurred,

you should [must] presume that the defendant held a reasonable belief that the use of force or violence was necessary to prevent unlawful entry thereto [or compel the intruder to leave the [premises]][motor vehicle].]

II. If you find that the defendant was not engaged in unlawful activity and was in a place where he [she] had a right to be, the defendant had not duty to retreat before using force or violence and had the right to stand his [her] ground and meet force with force.

III. If you find that the defendant used force or violence in defense of his [her] person or property, you shall not consider the possibility of retreat as a factor in determining whether or not the defendant had a reasonable belief that such force or violence was reasonably and apparently necessary to prevent the forcible offense or prevent the unlawful entry.

Updated: 7/12/2017

By | 2017-07-12T18:13:57+00:00 August 25th, 2015|Comments Off on LA § 6:22 Justifiable homicide—Unauthorized entry into a dwelling, place of business, or motor vehicle