Maine Jury Instruction Manual
CHAPTER 6 REPRESENTATIVE CRIMINAL INSTRUCTIONS
§ 6-60 Defense of Premises: Non-Deadly Force. Instruction.
A person in possession or control of a premises [or a person permitted to be on the premises] is justified in using non-deadly force upon another person when and to the extent that he reasonably believes it necessary to prevent or terminate a criminal trespass by that other person on the premises.
A person commits a criminal trespass if, knowing that he has no right to be on the premises, [he remains in any place in defiance of a lawful order to leave, that was personally communicated to him by the (owner), (tenant), (person on the premises with permission)].
Because the evidence generates an issue of whether the defendant was acting to prevent or terminate a criminal trespass, the State must prove beyond a reasonable doubt either (1) that the defendant was not acting to prevent or terminate a criminal trespass; or (2) that the defendant’s beliefs that led to his actions, when viewed in light of the nature and purpose of the defendant’s conduct and the circumstances known to the defendant, were a gross deviation from what a reasonable and prudent person would believe in the same situation.
[Then include explanation of findings necessary for finding of guilt—or failure to prove beyond a reasonable doubt for not guilty verdict, as in § 6-58.1 draft instruction, or in § 6-60A below.]
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