Montana Criminal Jury Instructions
CHAPTER 3: JUSTIFIABLE USE OF FORCE

3-101 Use of Force in Defense of a Person

A person is justified in the use of force or threat to use force when and to the extent that he/she reasonably believes that such conduct is necessary to defend [himself/herself] [another] against the imminent use of unlawful force.

However, a person is justified in the use of force which is intended or likely to cause death or serious bodily harm only if he/she reasonably believes that such force is necessary to prevent [imminent death or serious bodily harm] to [himself/herself] [another] or [commission of a forcible felony].

GIVEN: ______________________________

DISTRICT JUDGE

SOURCE: MCJI 3-101 (2022)

Plaintiff’s Proposed Instruction No._____ Defendant’s Proposed Instruction No._____

Given as Instruction No.______ Refused ______ Withdrawn______ By _______

[Use of Force in Defense of a Person, No. 3-101, 2022, Source and Comment]

SOURCE: MCA § 45-3-102 (2021)

COMMENT: If the “forcible felony” is used in the second paragraph, give MCJI 2-103 defining the term.

In State v. Lackman, 2017 MT 127, 387 Mont. 459, 395 P.3d 477, the Supreme Court held that it was appropriate to exclude the forcible felony language where the defendant does not assert a forcible felony distinct from death or serious bodily injury criteria already included within the imminent threat criteria.

A defendant is not entitled to an instruction to argue that he killed the victim while trying to prevent the victim from committing suicide. State v. King, 2013 MT 139, 370 Mont. 277, 304 P.3d 1.

 

[230612]