OR UCrJI No. 1112. DEFENSE—PHYSICAL FORCE—DEFENSE OF PREMISES

State: Oregon

OR UCrJI No. 1112. DEFENSE—PHYSICAL FORCE—DEFENSE OF PREMISES

The defense of defense of premises has been raised.

A person in lawful possession or in control of premises is justified in using physical force on a person who [he / she] reasonably believes to be committing or attempting to commit a criminal trespass in or on the premises. However,

(1) [He / She] may do so only when [he / she] reasonably believes it to be necessary to prevent or terminate the trespass; and

(2) [He / She] may use only the amount of physical force that [he / she] reasonably believes is necessary to prevent or terminate the trespass.

The burden of proof is on the state to prove beyond a reasonable doubt that the defense does not apply.