Iowa J.I. Crim. § 400.8 (2018)

Iowa Criminal Jury Instructions


400.8 Real Or Apparent Danger

Concerning element number ____ of Instruction No.____, the defendant claims danger existed. You are to consider the danger or apparent danger [of losing property] from the viewpoint of a reasonable person under the circumstances which existed at that time.

It is not necessary that there was actual danger, but the defendant must have acted in an honest and sincere belief that the danger actually existed.

Apparent danger with knowledge that no real danger existed is no excuse for using force.