North Dakota Pattern Jury Instructions – Criminal
NORTH DAKOTA PATTERN JURY INSTRUCTIONS-CRIMINAL
Defenses
§ K – 3.70. Justification (Definitions) 1985
Current as of 2019
“Force” means physical action, threat, or menace against another, and includes confinement.
“Deadly force” means force that a person uses with the intent of causing death or serious bodily injury. A threat to cause death or serious bodily injury by the production of a weapon or otherwise, so long as the actor’s intent is limited to creating an apprehension that deadly force will be used if necessary, does not constitute deadly force.
“Premises” means all or any part of a building or real property, or any structure, vehicle, or watercraft used for overnight lodging of persons or by persons for carrying on business.
“Dwelling” means any building or structure, though movable or temporary, or a portion thereof, that is for the time being a person’s home or place of lodging.
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NDCC 12.1-05-12
2005 – reviewed with no changes
[230628]