Massachusetts Superior Court Criminal Practice Jury Instructions (MCLE)
CHAPTER 5 INSTRUCTIONS ON DEFENSE AND JUSTIFICATION
§ 5.4 SELF DEFENSE AND DEFENSE OF ANOTHER

§ 5.5 DEFENSE OF PROPERTY

A person may use reasonable force to protect his or her possession of real or personal property. A person may only use the force that is reasonable in the circumstances to regain his or her momentarily interrupted possession of personal property or to protect the property. The burden is on the Commonwealth to prove beyond a reasonable doubt that the defendant acted with force that was excessive in kind or degree. Under no circumstances may a person use deadly force to protect property.

 

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