Defense of Habitation

Question 1

When is a defendant justified in using reasonable force to protect property?

Answer 1

A defendant is justified if he reasonably believes his property is in immediate danger of unlawful interference and that using force is necessary to avoid that danger.

Question 2

What are the limitations on the defense of habitation under common law?

Answer 2

1. The defendant cannot use deadly force.
2. Cannot use any force if there’s time to use lawful measures.
3. Must request the person posing the threat to desist, if reasonable.
4. The property must be in the defendant’s lawful possession.

Question 3

What conditions allow for the use of deadly force in defense of habitation?

Answer 3

1. Where the unlawful interference with property is accompanied by a threat of deadly force; OR
2. In some jurisdictions, if the unlawful interference involves an invasion of an occupied dwelling house under circumstances causing the actor to reasonably believe that the invader intends to commit a felony or to do serious bodily harm to occupants.

Question 4

What is the MPC approach to defense of habitation?

Answer 4

A defendant may use non-deadly force to stop someone from trespassing or carrying away property if:
1. The defendant believes the act is unlawful,
2. The property is in the defendant’s possession or someone else’s possession on whom the defendant acts.

Question 5

Are deadly mechanical devices allowed in defense of habitation?

Answer 5

No, deadly mechanical devices are not allowed.