IN IJA 10.0400. Use of Force to Protect Dwelling.

State: Indiana

Indiana Judges Association (IJA) (2017)

CHAPTER 10 DEFENSES RELATING TO CULPABILITY

Instruction No. 10.0400. Use of Force to Protect Dwelling.

I.C. 35-41-3-2.


It is an issue whether the Defendant acted in defense of his/her dwelling [or adjoining property].

A person may use reasonable force, including deadly force, against another person, and does not have a duty to retreat, if he/she reasonably believes that the force is necessary to prevent or terminate the other person’s unlawful entry of or attack on [his/her dwelling] [the land adjoining his/her dwelling, including buildings, used for domestic purposes] [his/her occupied motor vehicle].

[However, a person may not use force if:
(he/she is committing a crime that is directly and immediately connected to the

(entry or attack on his dwelling) (use a descriptive term based on evidence)] (or)

(he/she is escaping after the commission of a crime that is directly and immediately connected to the (entry or attack on his dwelling) (use a descriptive term based on evidence)]

(or)

(he/she provokes a fight with another person with intent to cause bodily injury to that person)

(or)

(he/she has willingly entered into a fight with another person or started the fight, unless he/she withdraws from the fight and communicates to the other person his/her intent to withdraw and the other person nevertheless continues or threatens to continue the fight).]

The State has the burden of proving beyond a reasonable doubt that the Defendant did not act in defense of [his/her dwelling] [the land adjoining his/her dwelling, including buildings, used for domestic purposes] [his/her occupied motor vehicle].