Louisiana Jury Instructions–Civil and Criminal
CHAPTER 2 Criminal Jury Instructions
XXIII. Defenses to a Criminal Charge
B. Use of Force in Defense

§ 23.10 Defense of Property—Other Than Homicide Cases

When some type of force has been used in the defense of property against theft, damage or other crimes, the defender is at times charged with use of excessive in defense of property, which may be defended as justifiable. When such a charge is brought, a jury instruction could be as follows:

The use of force or violence upon the person of another is justifiable when committed for the purpose of preventing a forcible offense or trespass against property in a person’s lawful possession, if the force or violence used is reasonable and apparently necessary to prevent the offense or trespass.

If you find that:

1) (the Defendant ‘s name) committed the offense charged for the purpose of preventing a forcible offense or trespass against property; and
2) the property was in [defendant’s name]’s lawful possession [of another]; and
3) the force or violence used by the Defendant was apparently necessary to prevent the forcible offense or trespass against property; and
4) the Defendant used reasonable force or violence to prevent the forcible offense or trespass;

you must find the Defendant not guilty.

 

[230711]