Alaska Criminal Pattern Jury Instructions

AK A.C.P.J.I. 11.81.350(c)(2) Justification-Deadly Force in Def of Premises


A defendant in possession or control of any premises, or an express or implied agent of that person, may use deadly force upon another person when and to the extent the defendant believes it is necessary to terminate what the defendant believes to be the commission or attempted commission by the other person of burglary in any degree occurring in an occupied dwelling or occupied building. The defendant’s belief must be reasonable under the circumstances.


Unless the state has proven beyond a reasonable doubt that the defendant did not act in defense of premises as described above, you shall find the defendant not guilty.