Wis JI-Criminal 860

INSERT THE FOLLOWING AFTER THE ELEMENTS OF THE CRIME ARE

DEFINED BUT BEFORE THE CONCLUDING PARAGRAPHS.

Defense of Another's Property

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

property allows the defendant to threaten or intentionally use force to defend the property of

another only if:

• the defendant believed that there was an unlawful interference with the property

of (name of third person); and,

• the defendant believed that the property belonged to (a member of the

defendant's immediate family or household) (a person whose property the

defendant has a legal duty to protect) (a merchant who employs the defendant)

(a library that employs the defendant); and,

• the defendant believed that (name of third person) was entitled to use or

threaten to use force to defend his property; and,

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

necessary for the protection of (name of third person) 's property; 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

property. 1

Determining Whether Beliefs Were Reasonable

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

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 of another, you

should find the defendant guilty.

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