46.3307 Use of physical force in defense of property.

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(a) A person may, subject to the limitations of subsection (b) use physical force upon another person when and to the extent that he reasonably believes it necessary to prevent what he reasonably believes to be the commission or attempted commission by that person of stealing, property damage, or tampering in any degree.

(b) A person may use deadly force under circumstances described in subsection (a) only when the use of deadly force is authorized under other sections of this chapter.

(c) The jurisdiction afforded by this section extends to the use of physical restraint as pro-tective force provided that the actor takes all reasonable measures to terminate the restraint as soon as it is reasonable to do so.

(d) The defendant has the burden of injecting the issue of justification under this section.

History: 1979, PL 16-43 § 2.

Research Guide: MCC 563.041.