Pa. SSJI (Crim) 9.500
Pennsylvania Suggested Standard Criminal Jury Instructions
PART TWO– INSTRUCTIONS UNDER THE CRIMES CODE
CHAPTER IX– JUSTIFICATION
9.500 – JUSTIFICATION: USE OF FORCE FOR THE PROTECTION OF PROPERTY/USE OF FORCE TO PASS WRONGFUL OBSTRUCTOR
In this part, numbers after the decimal in the instruction number refer to corresponding sections of the Crimes Code
1. The defendant has raised the issue of whether [he] [she] acted to lawfully pass a person [he] [she] reasonably believed obstructed [him] [her] in a knowing, intentional, and unjustified fashion from going to a place to which [he] [she] could lawfully go. Such a defense is called “justification” in the law of Pennsylvania. If the defendant’s actions were “justified,” you cannot find [him] [her] guilty beyond a reasonable doubt. The issue having been raised, it is the Commonwealth’s burden to prove beyond a reasonable doubt that the defendant did not act in justifiable defense of property.
2. You may find that the defendant’s conduct was not justified if the Commonwealth convinces you beyond a reasonable doubt that [one or more of] the following elements existed:
[a. that the defendant did not reasonably believe that the person against whom [he] [she] used force had no claim of right to block [him] [her]; [or]
b. that the defendant was blocked from [entry] [movement] on land that [he] [she] knew to be in the possession or custody of [the person blocking [him] [her]] [a person by whose authority the person blocking [him] [her] was acting]; [or]
c. that the defendant did not reasonably believe that the situation was so urgent that [he] [she] could not postpone the [entry] [movement] on the land until [he] [she] got a court order; [or]
d. that the defendant used force against [name of victim] that was greater than would have been justifiable if [name of victim] had used force against the defendant to prevent [his] [her] passage.]
Pa. SSJI (Crim) 9.500