ID 1522 DEFENSE OF PROPERTY REASONABLE FORCE

State: Jury Instruction Number:

ICJI 1521 (2010)

Idaho Criminal Jury Instructions

ICJI 1500 BURDEN OF PROOF ON DEFENSES

ICJI 1521 SELF-DEFENSE–PARTICIPANTS IN MUTUAL COMBAT

INSTRUCTION NO.

The right of self-defense is not available to a person who, by pre-arrangement or agreement, engages in mutual combat, unless and until the person has really and in good faith endeavored to decline further combat, and has fairly and clearly informed the adversary of a desire for peace and that the person has abandoned the contest. If, after the adversary has been so informed and given an opportunity to quit the fight, such adversary continues the combat, such continuance of the fight is a new assault by the adversary, and the person seeking to withdraw from the fight may exercise the right of self-defense.

(Updated LEXIS 4/12/18)