Maine Jury Instruction Manual
CHAPTER 6 REPRESENTATIVE CRIMINAL INSTRUCTIONS
§ 6-60A Protection of Property: Non-Deadly Force. Instruction.
A person in possession or control [of an item of property] is justified in using non-deadly force upon another person when and to the extent that she reasonably believes it necessary to prevent the other person from damaging or destroying that property [and she does not know that the other person is authorized to seize, damage, or destroy the property].
Because the evidence generates an issue of whether the defendant was acting to prevent damage to her property, the State must prove beyond a reasonable doubt that (1) the defendant was not acting to prevent damage to her property; or [(2) the defendant knew that the person was authorized to seize, damage, or destroy the property; or] (3) the defendant’s beliefs that led to her actions, when viewed in light of the nature and purpose of the defendant’s conduct and the circumstances known to the defendant, were not reasonable considering what a reasonable and prudent person would believe in the same situation.
If you find that the State has proven beyond a reasonable doubt that [defendant] committed the assault, and you find that the State has proven beyond a reasonable doubt that [defendant] [1, 2, or 3 as appropriate] you may find [defendant] guilty of assault.
If you find that the State has failed to prove beyond a reasonable doubt [the elements of assault] or that the State has failed to prove beyond a reasonable doubt that [1, 2, or 3 as appropriate] then you must find [defendant] not guilty.
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