MT · jury_instructions
Mont. Crim. Jury Instr. 3-103 (2022)
Use of Force in Defense of Other Property
A person is justified in the use of force or threat to use force when and to the extent that he/she reasonably believes such conduct is necessary to [prevent] [terminate] another's [trespass on] [wrongful interference with] [real property other than an occupied structure] [personal property] lawfully [in his/her possession] [in the possession of another who is a member of his/her (immediate family) (household)] [in the possession of a person whose property he/she has a legal duty to protect].
However, he/she is justified in the use of force likely to cause death or serious bodily harm only if he/she reasonably believes that such force is necessary to prevent the commission of a forcible felony.
Provenance
- Source
- courts.mt.gov
- Retrieved
- 2026-08-20
- Edition
- 2009
- Content hash
ea5da9d8ed6b20ec38b976b9de7a5ed79422c9f8dd3792e33e6bcc88d71d4f13
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