MT 3-104. Use of Force by Aggressor

Montana Criminal Jury Instructions (M.C.J.I.) 2009 (2017 Supp.)

Chapter 3. Justifiable Use of Force

MT 3-104. Use of Force by Aggressor

The use of force in defense of a person is not available to a person who purposely or knowingly provokes the use of force against himself/herself unless:

[1] such force is so great that he/she reasonably believes that he/she is in imminent danger of death or serious bodily harm and that he/she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or serious bodily harm to the assailant.

OR

[2] in good faith he/she withdraws from physical contact with the assailant and indicates clearly to the assailant that he/she desires to withdraw and terminate the use of force but the assailant continues or resumes the use of force.