KS 52.210 Use of Force in Defense of a Dwelling, Place of Work, or Occupied Vehicle

Pattern Instructions for Kansas – Criminal 3d

Chapter 52.00 Principles of Criminal Liability

52.210 Use of Force in Defense of a Dwelling, Place of Work, or Occupied Vehicle

Defendant claims (his) (her) conduct was permitted as a lawful defense of [(his) (her)] (dwelling) (place of work) (occupied vehicle).

Defendant is permitted to insert one of the choices from below:

– use physical force against another person [– including using a weapon–] [–including through the actions of another–]

or

– threaten by words or actions to use physical force against another person [–including a threat to cause death or great bodily harm–]

or

– display to another person a insert the means of force used

to the extent that it appears to (him) (her) and (he) (she) reasonably believes that such (physical force) (threat) (display) is necessary to prevent the other person from unlawfully (entering into) (remaining in) (damaging) [(his) (her)] (dwelling) (place of work) (occupied vehicle). Reasonable belief requires both a belief by defendant and the existence of facts that would persuade a reasonable person to that belief.

[Defendant is permitted to use physical force that is likely to cause death or great bodily harm to prevent another person from unlawfully (entering into) (remaining in) (damaging) [(his) (her)] (dwelling) (place of work) (occupied vehicle) only when (he) (she) reasonably believes such force is necessary to prevent death or great bodily harm to (himself) (herself) (someone else). Reasonable belief requires both a belief by defendant and the existence of facts that would persuade a reasonable person to that belief.]

When use of force is permitted as a lawful defense of [(his) (her)] (dwelling) (place of work) (occupied vehicle), there is no requirement to retreat.

[You must presume that a person had a reasonable belief that use of physical force likely to cause death or great bodily harm was necessary to prevent imminent death or great bodily harm to (himself) (herself) (someone else) if you find the following:

1. at the time the force likely to cause death or great bodily harm was used, the individual against whom the force was used insert one of the choices from below:

– (was unlawfully or forcefully entering) (had unlawfully or forcefully entered) and was presently within the (dwelling) (place of work) (occupied vehicle) of the person using the force; [and]

– (had removed) (was attempting to remove) a person against that person’s will from the (dwelling) (place of work) (occupied vehicle) of the person using the force; [and]

2. the person using the force knew or had reason to believe insert the applicable condition described in paragraph 1 [.]

[; and 3. if the person against whom force was used was a law enforcement officer who (had entered) (was attempting to enter) the (dwelling) (place of work) (occupied vehicle) in the lawful performance of the officer’s duties, the person using the force did not know and should not reasonably have known that the person who (entered) (attempted to enter) was a law enforcement officer.]

This presumption may be overcome if you are persuaded beyond a reasonable doubt that the person did not reasonably believe that use of force likely to cause death or great bodily harm was necessary to prevent imminent death or great bodily harm to (himself) (herself) (someone else).

PIK Crim. 4th 52.210