North Dakota Pattern Jury Instructions – Criminal
NORTH DAKOTA PATTERN JURY INSTRUCTIONS-CRIMINAL
Defenses

§ K – 3.50. Use of Force in Defense of Premises and Property 1985

Current as of 2019

Force is justified if it is used by a person [to prevent or terminate an unlawful entry or other trespass in or upon premises] [to prevent an unlawful carrying away or damaging of property]; however, force is not justified unless the person using force first requests the person against whom force is to be used to desist from interference with the premises or property, but a request is not necessary if [it would be useless or dangerous to make the request] [substantial damage would be done to the property sought to be protected before the request could effectively be made].

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NDCC 12.1-05-06

2004 – reviewed with no changes

 

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