New Mexico Uniform Jury Instructions (UJI)

NM UJI 14-5180. Defense of property

Evidence has been presented that the defendant acted while defending property.

The defendant acted in defense of property if:

1.  The __________________(item) was property [of the defendant] [in the defendant’s lawful possession];

2.  It appeared to the defendant that __________________ (name of victim) was about to __________________ (describe act) and that it was necessary to __________________ (describe defendant’s action and name victim) in order to stop __________________ (name of victim);

3.  The defendant used an amount of force that the defendant believed was reasonable and necessary to defend the property;

4.  A reasonable person in the same circumstances as the defendant would have acted as the defendant did;

[5.  The force used by the defendant would not ordinarily create a substantial risk of death or great bodily harm.] (to be used if action resulted in death or great bodily harm)

The burden is on the state to prove beyond a reasonable doubt that the defendant did not act in defense of __________________(item). If you have a reasonable doubt as to whether the defendant acted in defense of property, you must find the defendant not guilty.

[See also New Mexico Rules Annotated (N.M.R.A.) 14-5180.]