Ala. Pattern Jury Instr. (Criminal) 13A-3-26

Use of Force in Defense of Property Other than Premises

One of the issues in this case is the use of force in defense of property.

A person is justified in using physical force, other than deadly physical force,

upon another person when and to the extent that he/she reasonably believes it to be

necessary to prevent or terminate the commission or attempted commission by the

other person of theft or criminal mischief with respect to property other than premises.

For the defendant’s use of force in defense of property to be justified, the force

must have been used under the following circumstances:

(1) The defendant must have reasonably believed it to be necessary to

prevent or terminate the commission or attempted commission by the

other person of a theft or a criminal mischief;

(2) The defendant must not have used deadly physical force and must have

used no more force than he/she reas onably believed to be necessary for

the purpose of defense; (AND)

(3) The defendant was defending property other than premises.

Force is physical action or threat against another, including confinement. [13A-3-

20(4)]

Deadly physical force is force which, under the circumstances in which it is used,

is readily capable of causing death or serious physical injury. [13A-3-20(2)]

A reasonable belief is a belief formed in reliance upon reasonable appearances.

It is a belief not formed recklessly or negligen tly. The test of reasonableness is not

whether the defendant was correct in his/her belief but whether the belief was

reasonable under the circumstances existing at the time. (Commentary)

[Read if Criminal Trespass or Arson I or II] - Premises includes any building and any

real property. [13A-3-20(5)]

A building is a structure which may be entered and utilized by persons for

business, public use, lodging or the storage of goods, and includes any vehicle, aircraft,

or watercraft used for the lodging o f persons or carrying on business therein. Each unit

of a building consisting of two or more units separately occupied or s ecured is a

separate building. [13A-3-20(1)]

A vehicle is a motorized conveyance which is designed to transport people or

property. [13A-3-20(7)

The defendant is not justified in using physical force if: [Read appropriate part]

(1) With intent to cause physical injury or death to another person, he/she

provoked the use of unlawful physical force by such other person;

(2) The defendan t was the initial aggressor, except that his/her use of

physical force upon another person under the circumstances is justifiable

if he/she withdraws from the encounter and effectively communicates to

the other person his/her intent to do so, but the other person continues or

threatens the use of unlawful physical force; (OR)

(3) The physical force involved was the product of a combat by agreement not

specifically authorized by law.

The defendant does not have the burden of proving that he/she acted in defense

of his/her property. To the contrary, once self-defense becomes an issue, the State has

the burden of proving beyond a reasonable doubt that the defendant did not act in self -

defense.