Montana Criminal Jury Instructions
CHAPTER 3: JUSTIFIABLE USE OF FORCE

3-103 Use of Force in Defense of Other Property

A person is justified in the use of force or threat to use force when and to the extent that he/she reasonably believes such conduct is necessary to [prevent] [terminate] another’s [trespass on] [wrongful interference with] [real property other than an occupied structure] [personal property] lawfully [in his/her possession] [in the possession of another who is a member of his/her (immediate family) (household)] [in the possession of a person whose property he/she has a legal duty to protect].

However, he/she is justified in the use of force likely to cause death or serious bodily harm only if he/she reasonably believes that such force is necessary to prevent the commission of a forcible felony.

GIVEN: ______________________________

DISTRICT JUDGE

SOURCE: MCJI 3-103 (2022)

Plaintiff’s Proposed Instruction No._____ Defendant’s Proposed Instruction No._____

Given as Instruction No.______ Refused ______ Withdrawn______ By _______

[Use of Force in Defense of Other Property, No. 3-103, 2022, Source and Comment]

SOURCE: MCA § 45-3-104 (2021)

COMMENT: Use second paragraph only if there is some evidence that the force used by the Defendant was likely to cause death or serious bodily harm. “Forcible felony” is defined in MCA § 45-2-101 and § 45-3-101; see also definition instruction MCJI 2-103.

See State v. Claric, 271 Mont. 141, 894 P.2d 946 (1995) ( overruled in part on other grounds by Faulconbridge v. State, 333 Mont. 186, 142 P.3d 777 (2006)), in which the Court affirmed the denial by the district court of the Defendant’s offered instruction on justifiable use of force in defense of property when Defendant was unable to establish lawful ownership of the property.

 

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