NOTE: Dated, use instead South Carolina Requests to Charge – Criminal, 2nd Edition

South Carolina Criminal Jury Charges

SC Chapter 8 –  defenses.  Habitation

Home

If the defendant, or a member of the defendant’s household, is attacked in the defendant’s own home, the defendant may use the force which appears to be needed to protect himself (herself) or his (her) household from death or serious bodily injury.

If a trespasser refuses to leave the home when asked to leave, the defendant may use the necessary force to eject the trespasser.  If, in the effort to eject the trespasser, the life or safety of the defendant or a member of the household is jeopardized, the defendant may take the life of the trespasser.  The kind and degree of force which are justified depend on the conduct of the trespasser.

If a person entered the dwelling at the invitation of a member of the household, the person becomes a trespasser if the person refuses to leave when asked.

If, while legitimately exercising in good faith the right to eject a trespasser, the defendant is assaulted by the trespasser and fears death or serious bodily harm, the defendant would be without fault in bringing on the difficulty.  Whether the defendant was acting in good faith in attempting to eject the victim and was assaulted in the process is a question for you to determine.

Business

A business owner has the right to eject a trespasser from the business premises.  A trespasser is one who intentionally and without either express or implied consent, invitation, license, or privilege enters or remains on the property of the owner or the person who occupies the property by right or privilege.  If, while legitimately exercising in good faith the right to eject a trespasser, the defendant is assaulted by the trespasser and fears death or serious bodily harm, the defendant would be without fault in bringing on the difficulty.  Whether the defendant was acting in good faith in attempting to eject the victim and was assaulted in the process is a question for you to determine.