CJI-Civ. 20:17

The defendant, (name), is not legally responsible to the plaintiff, (name), on (insert

applicable pronoun) claim of battery if the affirmative defense of privilege to retake

personal property is proved. This defense is proved if you find all of the following:

1. The defendant had possession of (insert description of the property) (and was

entitled to such possession); and

2. The plaintiff (took possession of [insert description of property] either forcibly or

fraudulently) (or) (took possession of [insert description of property] from someone else

knowing that the other person had forcibly or fraudulently deprived the defendant of

[insert applicable pronoun] possession of [insert description of property]); and

3. The defendant (either) (was immediately aware that [insert description of property]

had been taken from [insert applicable pronoun] possession and [insert applicable pronoun]

took prompt action to retake possession) (or) ([insert applicable pronoun] discovered within

a reasonably short period of time that [insert description of property] had been taken from

[insert applicable pronoun] possession and [insert applicable pronoun] then took prompt

action to retake possession of [insert description of property]); and

4. Before using any force, the defendant (asked) (or) (told) the plaintiff to return

(insert description of the property) and gave (insert applicable pronoun) a reasonable time to

do so (or the defendant reasonably thought that under the circumstances such a request

would be useless); and

5. The defendant reasonably thought it was necessary under the circumstances to

use force to retake possession of (insert description of property); and

6. The defendant used reasonable force to retake possession of (insert description of

property).