MT 3-103. Use of Force in Defense of Other Property

MT 3-103. Use of Force in Defense of Other Property

State: Montana

 

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

Chapter 3. Justifiable Use of Force (M.C.J.I.)

MT 3-103. Use of Force in Defense of Other Property

A person is justified in the use of force or threat to use force when and to the extent that he/she reasonably believes such conduct is necessary to [prevent] [terminate] another’s [trespass on] [wrongful interference with] [real property other than an occupied structure] [personal property] lawfully [in his/her possession] [in the possession of another who is a member of his/her (immediate family) (household)] [in the possession of a person whose property he/she has a legal duty to protect].

However, he/she is justified in the use of force likely to cause death or serious bodily harm only if he/she reasonably believes that such force is necessary to prevent the commission of a forcible felony.

By | 2013-01-14T21:24:48+00:00 January 14th, 2013|Comments Off on MT 3-103. Use of Force in Defense of Other Property