North Dakota Pattern Jury Instructions – Criminal
NORTH DAKOTA PATTERN JURY INSTRUCTIONS-CRIMINAL
Defenses

§ K – 3.32. Self-Defense (After Provocation) 1985

Current as of 2019

A person is justified in using force upon another to defend oneself against danger of imminent unlawful bodily injury, sexual assault, or detention by the other person. One is not justified in using force if one [causes bodily injury or death to the other person and had intentionally provoked the danger defended against] [has entered into mutual combat with another person or is the initial aggressor, unless resisting force that is clearly excessive in the circumstances].

A person’s use of defensive force is justified if, after one withdraws from an encounter and has indicated to the other person that one has done so, the other person nevertheless continues or menaces unlawful action.

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NDCC 12.1-05-03(2)

2004 – reviewed with no changes

State v. Leidholm, 334 NW2d 811, 814, 818 (ND 1983)

NOTE: See NDJI K – 3.34, Reasonableness of Accused’s Belief.

 

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