COLJI-Crim. H:16

The evidence presented in this case has raised the affirmative defense

of “physical force in defense of premises,” as a defense to [insert name(s) of

offense(s)].

The defendant was legally authorized to use physical force upon

another person if:

1. he [she] was in possession or control of any building, realty, or

other premises, [or was a person licensed or privileged to be

there,] and

2. he [she] used reasonable and appropriate physical force, when

and to the extent it was reasonably necessary to prevent or

terminate what he [she] reasonably believed was the

commission or attempted commission of an unlawful trespass

by the other person in or upon the building, realty, or premises.

The prosecution has the burden to prove, beyond a reasonable doubt,

that the defendant’s conduct was not legally authorized by this defense. In

order to meet this burden of proof, the prosecution must disprove, beyond

a reasonable doubt, at least one of the above numbered conditions.

After considering all the evidence, if you decide the prosecution has

failed to meet this burden of proof, then the prosecution has failed to prove

the defendant’s conduct was not legally authorized by this defense, which

is an essential element of [insert name(s) of offense(s)]. In that event, you

must return a verdict of not guilty of [that] [those] offense[s].

After considering all the evidence, if you decide the prosecution has

met this burden of proof, then the prosecution has proved the defendant’s

conduct was not legally authorized by this defense. In that event, your

verdict[s] concerning the charge[s] of [insert name(s) of offense(s)] must

depend upon your determination whether the prosecution has met its

burden of proof with respect to the remaining elements of [that] [those]

offense[s].