Self-Def18/Defense of 3Rd Perso

You are instructed that a person in lawful possession of land or tangible movable property is justified in using force against another when and to the degree he reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property. A person is justified in using deadly force against another to protect his land or tangible, movable property, and the possession thereof: (1) if he would be justified in using force in the first place, as hereinabove set forth, and (2) when and to the degree he reasonably believes the deadly force is immediately necessary, as viewed from his standpoint at the time, to prevent the other person's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime, and (3) he reasonably believes that (a) the land or property cannot be protected by any other means, or (b) the use of force other than deadly force to protect his land or property would expose the defendant or another person to a substantial risk of death or serious bodily injury. You are instructed that it is your duty to consider the evidence of all relevant facts and circumstances surrounding the alleged offense and the previous relationship existing between the accused and , if any, together with all relevant facts and circumstances going to show the condition of the mind of the defendant at the time of the alleged offense, and you should place yourselves in the position of the defendant at the time in question and view the circumstances from his viewpoint alone. By the term "reasonable belief" as used herein is meant a belief that would be held by an ordinary and prudent person in the same circumstances as the defendant. By the term "deadly force" is meant force that is intended or known by the defendant to cause, or in the manner of its use or intended use is capable of causing, death or serious bodily injury. "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the defendant would be justified in using force or deadly force to protect his own land or property and: (1) the defendant reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mishchief to the tangible, movable property; or (2) the defendant reasonably believes that: (A) the third person has requested his protection of the land or property; (B) he has a legal duty to protect the third person's land or property; or (C) the third person whose land or property he uses force or deadly force to protect is the defendant's spouse, parent, or child, resides with the defendant, or is under the defendant's care. Therefore, even if you believe from the evidence beyond a reasonable doubt that the defendant shot the said with a gun, as alleged, but you further believe, or you have a reasonable doubt thereof, that, under the circumstances as he reasonably believed them to be, the defendant would have been justified in using force or deadly force to protect his own property, and that the defendant reasonably believed the unlawfull interference, if any, constituted attempted or consumated theft of or criminal mischief to the tangible movable property of to- wit: , then you will find the defendant not guilty. But, if you believe from the evidence beyond a reasonable doubt that, under the same circumstances as he reasonably believed them to be, the defendant would not have been justified in using force or deadly force to protect his own property, or that the defendant did not reasonably believe the unlawful interference, if any, constituted attempted or consummated theft of or criminal mischief to said tangible, movable property, then you will find against the defendant on this plea of defense of property of a third person.