Iowa Criminal Jury Instructions
CHAPTER 400 JUSTIFICATION

400.4 Provocation — Defense Not Available.

If any of the following is true, the defendant’s use of force was not justified:

1. The defendant initially provoked the use of force against [himself][herself], intending to use it as an excuse to injure (name of victim).

2. The defendant initially provoked the use of force against [himself][herself] by [his][her] unlawful acts unless:

a. (Name of victim) used force grossly disproportionate to the defendant’s provocation, and it was so great the defendant reasonably believed [he][she] was in imminent danger of death or serious injury, or

b. The defendant withdrew from physical contact with (name of victim) and clearly indicated to (name of victim) that [he][she] desired to terminate the conflict but (name of victim) continued or resumed the use of force.

If the State has proved any of these beyond a reasonable doubt, the defendant’s use of force was not justified.

Authority

Iowa Code section 704.6

State v. Fordyce, 940 N.W.2d 419 (Iowa 2020)

State v. Wilson, ___ N.W.2d ___, No. 18-0564, 2020 WL 1814466 (Iowa Apr. 10, 2020)

Comment

Note: Use only if the evidence supports that the defendant provoked the victim.

Updated 6/2020

 

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