MT 3-103. Use of Force in Defense of Other Property
State: Montana
Montana Criminal Jury Instructions (M.C.J.I.) 2009 (2017 Supp.)
Chapter 3. Justifiable Use of Force (M.C.J.I.)
MT 3-103. Use of Force in Defense of Other Property
A person is justified in the use of force or threat to use force when and to the extent that he/she reasonably believes such conduct is necessary to [prevent] [terminate] another’s [trespass on] [wrongful interference with] [real property other than an occupied structure] [personal property] lawfully [in his/her possession] [in the possession of another who is a member of his/her (immediate family) (household)] [in the possession of a person whose property he/she has a legal duty to protect].
However, he/she is justified in the use of force likely to cause death or serious bodily harm only if he/she reasonably believes that such force is necessary to prevent the commission of a forcible felony.