Arizona Jury Instructions – Criminal
STATUTORY CRIMINAL INSTRUCTIONS — TITLE 13
CHAPTER 4

4.19 — Justification: Presumption and Exceptions

The defendant is presumed to reasonably believe that the threat or use of physical force or deadly force is immediately necessary if the defendant knows or has reason to believe that the person against whom physical force or deadly force is threatened or used is unlawfully or forcefully entering or has unlawfully or forcefully entered and is present in the defendant’s residential structure or occupied vehicle.

For the purposes of justification, a person who is unlawfully or forcefully entering or who has unlawfully or forcefully entered and is present in a residential structure or occupied vehicle is presumed to pose an imminent threat of unlawful deadly harm to any person who is in the residential structure or occupied vehicle.

These presumptions do not apply if:

[The person against whom physical force or deadly physical force was threatened or used had the right to be in or was a lawful resident of the residential structure or occupied vehicle, including an owner, lessee, invitee or titleholder, and an order of protection or injunction against harassment had not been filed against that person.]

[The person against whom physical force or deadly physical force was threatened or used was the parent or grandparent, or had legal custody or guardianship, of a child or grandchild sought to be removed from the residential structure or occupied vehicle.]

[The person who threatened or used physical force or deadly physical force was engaged in an unlawful activity or was using the residential structure or occupied vehicle to further an unlawful activity.]

[The person against whom physical force or deadly physical force was threatened or used was a law enforcement officer who entered or attempted to enter a residential structure or occupied vehicle in the performance of official duties.]

[“Residential structure” means any structure, movable or immovable, permanent or temporary, that is adapted for both human residence and lodging whether occupied or not.]

[“Vehicle” means a conveyance of any kind, whether or not motorized, that is designed to transport persons or property.]

 

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