MO 406.12 JUSTIFICATION: USE OF FORCE IN DEFENSE OF PROPERTY

MO 406.12 JUSTIFICATION: USE OF FORCE IN DEFENSE OF PROPERTY

State: Missouri

Missouri Approved Instructions–Criminal (MAI-CR) 4th

406.12 JUSTIFICATION: USE OF FORCE IN DEFENSE OF PROPERTY

PART A – GENERAL INSTRUCTIONS

One of the issues (as to Count _____) (in this case) is whether the use of force by the defendant against [name of victim] was in defense of property. In this state, the use of force to protect property is lawful in certain situations. (But the use of deadly force is not permitted to protect property.)

[Use the material in [1] in ALL cases. Omit brackets and number.]

[1] In order for a person lawfully to use force against another person in defense of property, he must reasonably believe the other person is committing or attempting to commit the offense of (stealing) (or) (property damage) (or) (tampering).

If he has such a belief, he is then permitted to use that amount of force which he reasonably believes to be necessary to end or prevent such (stealing) (or) (property damage) (or) (tampering).

[Use the material in [2] ONLY if there is evidence the defendant used deadly force. Omit brackets and number.]

[2] But to prevent (stealing) (or) (property damage) (or) (tampering), a person is not permitted to use deadly force, that is, force which he knows will create a substantial risk of causing death or serious physical injury.
As used in this instruction, the term “serious physical injury” means physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body.

[Use the material in [3] in ALL cases. Omit brackets and number.]

[3] As used in this instruction, the term “reasonable belief” means a belief based on reasonable grounds, that is, grounds which could lead a reasonable person in the same situation to the same belief. This depends upon how the facts reasonably appeared. It does not depend upon whether the belief turned out to be true or false.

PART B – SPECIFIC INSTRUCTIONS

On the issue of the defense of property (as to Count _____) (in this case), you are instructed as follows:

If the defendant reasonably believed [name of victim] was (committing) (or) (attempting to commit) (stealing) (or) (property damage) (or) (tampering) and defendant used such force as reasonably appeared to be necessary to (prevent) (or) (end) the (stealing) (or) (property damage) (or) (tampering) by [name of victim], (and if the defendant did not use deadly force), then defendant acted in lawful defense of property.

The state has the burden of proving beyond a reasonable doubt that the defendant did not act in lawful defense of property. Unless you find beyond a reasonable doubt that the defendant did not act in lawful defense of property in using force against [name of victim], you must find the defendant not guilty (under Count _____).

(v. 7-1-17)

By | 2018-05-01T07:02:41+00:00 April 30th, 2018|Comments Off on MO 406.12 JUSTIFICATION: USE OF FORCE IN DEFENSE OF PROPERTY