IA I.C.J.I. 400.10 Alternate Course Of Action – Exceptions.

IA I.C.J.I. 400.10 Alternate Course Of Action – Exceptions.

State: Iowa

 

Iowa Criminal Jury Instructions (I.C.J.I.)

400.10  Alternate Course Of Action – Exceptions.

Concerning element number _____ of Instruction No. _____, if a defendant is confronted with the use of unlawful force against [him] []her], [he] [she] is required to avoid the confrontation by seeking an alternative course of action before [he] [she] is justified in repelling the force used against [him] [her].  However, there is an exception.

If the defendant was in [his] [her] [own home] [office] [place of business] [place of employment] [property] which [he] [she] was legally occupying and the alternative course of action was such that [he] [she] reasonably believed [he] [she] had to retreat or leave [his] [her] position to avoid the confrontation, the [he] [she] was not required to do so and [he] [she] could repel force with reasonable force (including deadly force).

If the alternative course of action involved a risk to [his] [her] [another’s] life or safety, and [he] [she] reasonably believed that, then [he] [she] was not required to take or use the alternative course of action to avoid the confrontation, and [he] [she] could repel the force with reasonable force (including deadly force).

By | 2013-02-06T17:34:47+00:00 February 6th, 2013|Comments Off on IA I.C.J.I. 400.10 Alternate Course Of Action – Exceptions.