Indiana Judges Association (IJA) (2017)
CHAPTER 10 DEFENSES RELATING TO CULPABILITY
Instruction No. 10.0900. Use of Force Against a Public Servant to Protect Property.
I.C. 35-41-3-2(i)(3) and (j).
It is an issue whether the Defendant acted against a public servant in lawful defense of property.
A person may lawfully use reasonable force against a public servant if the person reasonably believes that the force is necessary to prevent or terminate the public servant’s [unlawful trespass on] [criminal interference with] property [lawfully in the person’s possession] [lawfully in the possession of a member of the person’s immediate family] [belonging to another person when the person has the authority to protect it].
[However, a person may not use force against a public servant if:
(the person is committing a crime that is directly and immediately connected to the (confrontation with the public servant)) (use a descriptive term based on evidence).]
(the person is escaping after the commission of a crime that is directly and immediately connected to the (confrontation with the public servant)) (use a descriptive term based on evidence).]
(while acting with the intent to cause bodily injury to the public servant, the person provokes action by the public servant).]
(the person has entered into a fight with the public servant or has started the fight, unless the person withdraws from the fight and communicates to the law enforcement officer the person’s intent to withdraw and the law enforcement officer nevertheless continues or threatens to continue unlawful action).]
(the person reasonably believes the public servant is acting lawfully or engaged in the lawful execution of the public servant’s official duties).]
The State has the burden of proving beyond a reasonable doubt that the Defendant did not act against a public servant in lawful defense of property.