North Dakota Pattern Jury Instructions – Criminal
NORTH DAKOTA PATTERN JURY INSTRUCTIONS-CRIMINAL
Defenses
§ K – 3.80. Excuse (Necessary and Appropriate Conduct) 2013
Current as of 2019
A person’s conduct is excused if the person believes that the facts are such that the conduct is necessary and appropriate, even though that belief is mistaken. [However, if that belief is negligently or recklessly held, it is not an excuse in a prosecution for any offense for which negligent or reckless conduct suffices to establish culpability.]
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NDCC 12.1-05-08
State v. Skjonsby, 319 NW2d 764, 776 (ND 1982)
State v. Hass, 268 NW2d 456, 461 (ND 1978)
State v. Kleppe, 2011 ND 141, 800 NW2d 311
Note: This instruction should be given if evidence has been received sufficient to support a finding of excuse, in which case the “Essential Elements of Offense” instruction should require a negative finding of the exculpatory belief. The bracketed sentence should be given only if negligent or reckless conduct suffices to establish culpability for the offense charged. See:State v. Zottnick, 2011 ND 84, 796 NW2d 666, for discussion on when excuse instruction should be given.
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