Iowa Criminal Jury Instructions
CHAPTER 400 JUSTIFICATION

400.2 No Duty to Retreat.

A person who is not engaged in illegal activity has no duty to retreat from any place where the person is lawfully present before using force as described in these instructions.

Authority

Iowa Code section 704.1(3)

State v. Baltazar, 935 N.W.2d 862 (Iowa 2019)

Comment

Note: Cases that occurred prior to July 1, 2017, should not use this instruction.

Updated 6/2020

 

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