Maryland Criminal Pattern Jury Instructions (MSBA)
CHAPTER FIVE DEFENSES
DEFENSE OF PROPERTY–NONDEADLY FORCE
MPJI-Cr 5:02.1
You have heard evidence that the defendant acted in defense of [his] [her] property. Defense of property is a defense and you are required to find the defendant not guilty if all of the following three factors are present:
(1) the defendant actually believed that ( name of person ) was unlawfully interfering [was just about to unlawfully interfere] with [his] [her] property;
(2) the defendant’s belief was reasonable; and
(3) the defendant used no more force than was reasonably necessary to defend against the victim’s interference with the property. [A person may not use deadly force to defend [his] [her] property. Deadly force is that amount of force reasonably calculated to cause death or serious bodily harm.]
In order to convict the defendant, the State must show that the defense of property does not apply in this case by proving, beyond a reasonable doubt, that at least one of the three factors previously stated was absent.
Use this instruction if the defendant is charged with a nondeadly force assaultive crime and there is an issue of justification generated by evidence of defense of property. Use the bracketed language in (3) if there is a factual issue as to whether deadly force was used in defense of property. If a nondeadly force encounter escalated to deadly force and the evidence generates an issue of self-defense, use MPJI-Cr 5:07 (Self-Defense) or tailor the necessary combination of this instruction and MPJI-Cr 5:07.