Title V. Penal Code
Chapter 3. Defences.
§ 310. Use of Force for Protection of Property.
1. The use of force upon or toward the person of another is justifiable when the defendant believes that such force is immediately necessary to prevent a conversion, trespass to land, or trespass to chattels; or, immediately or in fresh pursuit, to regain property converted or trespassed upon, provided that the property is legally owned, leased, or licensed, or believed to be legally owned, leased, or licensed by the person on whose behalf the defendant acts.
2. The use of force for protection of property is justifiable only if the defendant first requests the person against whom such force is used to desist from his interference with the property, unless the defendant believes that it would be dangerous to himself or another person to make the request; or substantial harm will be done to the physical condition of the property that is sought to be protected before the request can effectively be made.
3. The use of force for protection of property is not justifiable if the defendant knows that the exclusion of the trespasser will expose him to substantial danger of serious bodily harm.
4. The use of deadly force for protection of property is not justifiable unless the defendant believes that the person against whom the force is used is attempting to severely damage or destroy property and the use of force other than deadly force would expose the defendant or another in his presence to substantial danger of serious bodily harm.
5. The use of confinement as protective force for protection of property shall be justified only if the defendant takes all reasonable measures to terminate the confinement as soon as he knows that he can do so with safety to the property, unless the person confined has been arrested on a charge of crime.
6. The use of force to pass a person whom the
defendant believes to be intentionally and unjustifiably obstructing the defendant from
going to a place to which he may lawfully go is justifiable, provided that:
a.
the defendant believes that the person against whom he uses force has
no claim of right to obstruct the defendant; and
b.
the defendant is not being obstructed from entry or movement on land
that he knows to be in the possession or custody of the person obstructing him, or in the
possession or custody of another person by whose authority the obstructor acts, unless the
circumstances, as the defendant believes them to be, are of such urgency that it would not
be reasonable to postpone the entry or movement on such land until a court order is
obtained; and
c. the force used is
not greater than would be justifiable if the person obstructing the defendant were using
force against him to prevent his passage.