Wis JI-Criminal 855

INSERT THE FOLLOWING AFTER THE ELEMENTS OF THE CRIME ARE

DEFINED BUT BEFORE THE CONCLUDING PARAGRAPHS.

Defense of Property

Defense of property is an issue in this case. The law of defense of property allows the

defendant to threaten or intentionally use force to defend (his) (her) property only if:

• the defendant believed that (name of victim) was unlawfully interfering with

the defendant's property; and,

• the defendant believed that the amount of force the defendant used or threatened

was necessary to prevent or terminate the interference; and,

• the defendant's beliefs were reasonable.

The law of defense of property does not allow a person to intentionally use force

intended or likely to cause death or great bodily harm for the sole purpose of defense of one's

property. 1

Determining Whether Beliefs Were Reasonable

A belief may be reasonable even though mistaken. In determining whether the

defendant's beliefs were reasonable, the standard is what a person of ordinary intelligence

and prudence would have believed in the defendant's position under the circumstances that

existed at the time of the alleged offense. The reasonableness of the defendant's beliefs must

be determined from the standpoint of the defendant at the time of his acts and not from the

viewpoint of the jury now.

State's Burden of Proof

The State must prove by evidence which satisfies you beyond a reasonable doubt that the

defendant was not acting lawfully in defense of property.

Jury's Decision

If you are satisfied beyond a reasonable doubt that all ____ elements of _________2 have

been proved and that the defendant did not act lawfully in defense of property, you should

find the defendant guilty.

If you are not so satisfied, you must find the defendant not guilty.