OH OJI-CR 421.24 Self defense/Defense of another—presumption when in residence or vehicle R.C. 2901.05

OH OJI-CR 421.24 Self defense/Defense of another—presumption when in residence or vehicle R.C. 2901.05

State: Ohio

OJI-CR 421.24  Self defense/Defense of another—presumption when in residence or vehicle R.C. 2901.05 (offenses committed on and after 9/9/08)

1. GENERAL.  OJI-CR 417.27.

2. PRESUMPTION-DESCRIBED.  The defendant is presumed to have acted in (self defense) (defense of another) when using defensive force that was (intended) (likely) to cause death or great bodily harm to another if the person against whom the defensive force was used (was in the process of entering) (had entered), unlawfully and without privilege to do so, the (residence) (vehicle) occupied by the defendant.

3. PRESUMPTION-REBUTTABLE.  The state claims the presumption that the defendant acted in (self defense) (defense of another) when using defensive force that was (intended) (likely) to cause death or great bodily harm to another does not apply.  This presumption does not apply if the state proves by the greater weight of the evidence that

(A) the person against whom the defensive force was used (had a right to be in) (was a lawful resident of) the (residence) (vehicle).

(or)

(B) the defendant used the defensive force while in a (residence) (vehicle) and he/she was unlawfully, and without privilege to be, in that (residence) (vehicle).

4. PREPONDERANCE.  OJI-CR 417.29; R.C. 2901.05(A)

5. RESIDENCE.  “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as a guest.

6. DWELLING.  “Dwelling” means a (building) (specify conveyance) of any kind that has a roof over it and that is designed to be occupied by people lodging in the (building) (specify conveyance) at night, regardless of whether the (building) (specify conveyance) is temporary or permanent or is mobile or immobile.  (A [building] [specify conveyance] includes but is not limited to, an attached porch, and a [building] [specify conveyance] with a roof over it includes, but is not limited to, a tent.]

7. VEHICLE.  “Vehicle” means a conveyance of any kind, whether or not motorized, that is designed to transport people or property.

8. CONVEYANCE.  “Conveyance” is defined as a means of transporting or taking one from one place to another.

By | 2015-01-20T16:14:28+00:00 October 1st, 2013|Comments Off on OH OJI-CR 421.24 Self defense/Defense of another—presumption when in residence or vehicle R.C. 2901.05