MD MPJI-Cr 5:02.1 Defense of Property — 
Nondeadly Force

MD MPJI-Cr 5:02.1 Defense of Property — 
Nondeadly Force

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Maryland Pattern Jury Instructions-Criminal (MPJI-Cr)

MPJI-Cr 5:02.1 Defense of Property — 
Nondeadly Force

You have heard evidence that the defendant acted in defense of [his] [her] property. Defense of property is a defense and you are required to find the defendant not guilty if all of the following three factors are present:

(1) the defendant actually believed that (name of person) was unlawfully interfering [was just about to unlawfully interfere] with [his] [her] property;
(2) the defendant’s belief was reasonable; and
(3) the defendant used no more force than was reasonably necessary to defend against the victim’s interference with the property. [A person may not use deadly force to defend [his] [her] property. Deadly force is that amount of force reasonably calculated to cause death or serious bodily harm.]

In order to convict the defendant, the State must show that the defense of property does not apply in this case by proving, beyond a reasonable doubt, that at least one of the three factors previously stated was absent.

By | 2015-06-29T16:41:21+00:00 June 29th, 2015|Comments Off on MD MPJI-Cr 5:02.1 Defense of Property — 
Nondeadly Force