DC Instruction 9.520. DEFENSE OF PROPERTY

State: District of Columbia

Criminal Jury instructions for the District of Columbia
Fifth Edition (2014)
VI. DEFENSES

Instruction 9.520. DEFENSE OF PROPERTY

A. DEFENSE OF REAL PROPERTY

A person is justified in using reasonable force to protect his/her property from trespass when s/he reasonably believes that his/her property is in immediate danger of an unlawful trespass and that the use of such force is necessary to avoid the danger. Similarly, if a person reasonably believes that someone has unlawfully trespassed on his/her property, s/he may use reasonable, nondeadly force to secure the property.

Generally, a person may not use deadly force to protect his/her property. However, a person may use deadly force to protect his/her home or business if s/he has a reasonable belief that an intruder is entering his/her home or business with the intent to commit a felony or to do serious bodily harm to any of the occupants.

[Name of defendant] is not required to prove that s/he acted in defense of his/her property. If evidence of defense of property is present, the government must prove beyond a reasonable doubt that [name of defendant] did not act in defense of his/her property.

B. DEFENSE OF PERSONAL PROPERTY

A person is justified in using reasonable force to protect his/her property from [theft] [or] [insert other misuse] when s/he reasonably believes that his/her property is in immediate danger of an unlawful taking or misuse and that the use of such force is necessary to avoid the danger. Similarly, if a person reasonably believes that someone has unlawfully taken his/her property, s/he may use reasonable, nondeadly force to repossess the property. But s/he must act immediately after the taking has occurred, or in hot pursuit of the person who has taken the property. If time has elapsed, a person may not use force in repossessing the property.

[Name of defendant] is not required to prove that s/he acted in defense of his/her property. If evidence of defense of property is present, the government must prove beyond a reasonable doubt that [name of defendant] did not act in defense of his/her property