CALCRIM No. 3475

The (owner/lawful occupant) of a (home/property) may request that a

trespasser leave the (home/property). If the trespasser does not leave

within a reasonable time and it would appear to a reasonable person

that the trespasser poses a threat to (the (home/property)/ [or] the

(owner/ [or] occupants), the (owner/lawful occupant) may use reasonable

force to make the trespasser leave.

Reasonable force means the amount of force that a reasonable person in

the same situation would believe is necessary to make the trespasser

leave.

[If the trespasser resists, the (owner/lawful occupant) may increase the

amount of force he or she uses in proportion to the force used by the

trespasser and the threat the trespasser poses to the property.]

When deciding whether the defendant used reasonable force, consider all

the circumstances as they were known to and appeared to the defendant

and consider what a reasonable person in a similar situation with similar

knowledge would have believed. If the defendant’s beliefs were

reasonable, the danger does not need to have actually existed.

The People have the burden of proving beyond a reasonable doubt that

the defendant used more force than was reasonable. If the People have

not met this burden, you must find the defendant not guilty of

<insert crime>.

New January 2006; Revised April 2008