Alaska Criminal Pattern Jury Instructions

AK A.C.P.J.I. 11.81.330 Justification-Nondeadly Force in Def of Self


The law of self-defense regarding the use of nondeadly force is as follows:


A defendant may use nondeadly force upon another when and to the extent the defendant believes it is necessary for self-defense against what the defendant believes to be the use of unlawful force by the other person. The defendant’s beliefs must be reasonable under the circumstances.


However, a defendant may not use nondeadly force in self-defense if


(1) the defendant used the force in mutual combat not authorized by law; or

(2) the defendant provoked the other’s conduct with intent to cause physical injury to the other; or

(3) the defendant was the initial aggressor; or

(4) the force used was the result of using a deadly weapon or dangerous instrument the defendant possessed while [acting alone or with others to further a felony criminal objective of the defendant or one or more other defendants] [a participant in a felony transaction or purported transaction or in immediate flight from a felony transaction or violation of AS 11.71] [acting alone or with others in revenge for, retaliation for, or response to actual or perceived conduct by a rival or perceived rival, or a member or perceived member of a rival group, if the defendant, or the group on whose behalf the defendant is acting, has a history or reputation for violence among civilians.]


In any of these circumstances, the defendant may use nondeadly force if the defendant has withdrawn from the encounter and effectively communicated the withdrawal to the other person and the other person persists in continuing the incident by the use of unlawful force.


Unless the state has proven beyond a reasonable doubt that the defendant did not act in self-defense, you shall find the defendant not guilty.