MT 3-102. Use of Force in Defense of Occupied Structure

MT 3-102. Use of Force in Defense of Occupied Structure

State: Montana

 

Montana Criminal Jury Instructions (M.C.J.I.)

Chapter 3. Justifiable Use of Force

MT 3-102. Use of Force in Defense of Occupied Structure

A person is justified in the use of force or threat to use force when and to the extent that the person reasonably believes that the use of force is necessary to [prevent] [terminate] another’s unlawful [entry into] [attack upon] an occupied structure.

However, a person is justified in the use of force likely to cause death or serious bodily harm only if:

[1] the entry is made or attempted and he/she reasonably believes that the force is necessary to prevent an [assault upon] himself/herself or another then in the occupied structure;

OR

[2] he/she reasonably believes that the force is necessary to prevent the commission of a forcible felony in the occupied structure.

By | 2013-01-14T21:24:18+00:00 January 14th, 2013|Comments Off on MT 3-102. Use of Force in Defense of Occupied Structure