• 1985 - Use of Force in Defense of Premises and Property
  • K-3.50
    • Defenses
    • Defenses
    • Ejection Of Trespasser
    • Force
    • Intruders
    • Personal Property
    • Property
  • Force is justified if it is used by a person [to prevent or terminate an unlawful entry or other trespass in or upon premises] [to prevent an unlawful carrying away or damaging of property]; however, force is not justified unless the person using force first requests the person against whom force is to be used to desist from interference with the premises or property, but a request is not necessary if [it would be useless or dangerous to make the request] [substantial damage would be done to the property sought to be protected before the request could effectively be made].
    • 12.1-05-06
    • 39-10-13
  • Notes: (2004 - reviewed with no changes)