Herbert Wechsler et alii multi, Model
3.04. Use of Force in Self-Protection
(1) Use of Force Justifiable for Protection of the Person. Subject to the provisions of this Section and of Section 3.09, the use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.
(2) Limitations on Justifying Necessity for Use of Force.
(a) The use of force is not justifiable under this Section:
(ii) to resist force used by the occupier or possessor of property or by another person on his behalf, where the actor knows that the person using the force is doing so under a claim of right to protect the property . . .
(b) The use of
deadly force is not justifiable under this Section unless the actor believes
that such force is
necessary to protect himself against death, serious
bodily injury, kidnapping or sexual intercourse compelled by force or threat;
nor is it justifiable if:
|Sanford H. Kadish, "Model Penal Code's Historical Antecedents," Rutgers Law Journal 19 (1987) 521-538||
Louis B. Schwartz, "The Model Penal Code: An Invitation to Law Reform," American Bar Association Journal 49 (1963) 447-455