What Are The Requirements For The Use Of Force According To The Model Penal Code?
There are precise requirements that must be met before the use of force can be used according to the Model Penal Code. A. Use of force Justifiable for Protection of Property. Subject to the provisions of this Section and of Section 3.09, the use of force upon or toward the person of another is justifiable when the actor believes that such force is immediately necessary: (1.) to prevent or terminate an unlawful entry or other trespass upon land or a trespass or the unlawful carrying away of tangible, movable property, provided that such land or movable property is, or is believed by the actor to be , in his possession or in the possession of another person for whose protection he acts. It is also true that an individual may still enter a thief’s dwelling in order to regain their property. (2.) to effect an entry or reentry upon land or to retake tangible movable property, if: (i.) the actor believes that he or the person by whose authority he acts or a person from whom he or such other
