Alaska Criminal Pattern Jury Instructions

AK A.C.P.J.I. 11.81.335 Justification-Deadly Force in Defense of Self


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


A defendant may use deadly force upon another person when and to the extent the use of non-deadly force in self defense is justified, and the defendant reasonably believes the deadly force is necessary for self defense against [death] [serious physical injury] [kidnapping] [sexual assault in the first degree] [sexual assault in the second degree] [robbery in any degree].


[However, a defendant may not use deadly force in self defense if the defendant knows that, with complete personal safety and with complete safety as to others, the defendant can avoid the necessity of using deadly force by retreating.


[This “duty to retreat” does not apply if the defendant is [on premises which the defendant owns or leases, and the defendant is not the initial aggressor] [a peace officer acting within the scope and authority of the officer’s employment] [assisting someone whom the defendant reasonably believes is a peace officer in making an arrest or terminating or preventing an escape].]]


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.