Iowa Criminal Jury Instructions
CHAPTER 400 JUSTIFICATION

400.6 Deadly Force – Presumptions.

If you find that the defendant knew, or had reason to believe, any of the following at the time [he] [she] used deadly force, you must presume the defendant reasonably believed that deadly force was necessary to avoid injury or risk to [his] [her] [another’s] life or safety:

1. (Name of victim) was unlawfully entering defendant’s [dwelling] [place of business or employment] [occupied vehicle] by force or stealth, or

2. (Name of victim) had unlawfully entered defendant’s [dwelling] [place of business or employment] [occupied vehicle] by force or stealth and remained there using force, or

3. (Name of victim) was unlawfully removing or attempting to unlawfully remove (name of person removed) with force and against the will of (name of person removed) from [his][her] [dwelling] [place of business or employment] [occupied vehicle].

Yet if you find any of the following was also true at the time the defendant used deadly force, you need not presume that the defendant reasonably believed deadly force was necessary to avoid injury or risk to [his][her] [another’s] life or safety:

1. The defendant was [engaged in a criminal offense] [was attempting to escape from the scene of a criminal offense that the defendant committed] [using a dwelling, place of business or employment, or occupied vehicle to further a criminal offense]. Last Updated 6/2022

2. (Name of victim) was attempting to remove a child, grandchild, or someone in (name of victim)’s lawful custody or guardianship.

3. (Name of victim) was a peace officer on duty who entered or was attempting to enter a [dwelling] [place of business or employment] [occupied vehicle] in the lawful performance of [his][her] official duties.

4. (Name of victim) did not have a protective order or no-contact order in effect against [him][her] and [he][she] [was a resident of, or had the right to be in, the defendant’s dwelling] [had the right to be in the defendant’s place of business or employment] [had a right to be in the defendant’s occupied vehicle].

Comment

Use only that language that is supported by the evidence.

Note: Iowa Criminal Jury Instructions J.I. Crim._

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

Authority

Iowa Code section 704.2A

Updated 6/2020

 

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