Uniform Jury Instructions – Criminal
Chapter 14. Uniform Jury Instructions—Criminal
Chapter 51. Justification and Defense
Part K. Self Defense

14-5190. Self defense; assailed person need not retreat1.

A person who is defending against an attack 2 defending another from an attack or defending property need not retreat. In the exercise of the right of self defense 2 defense of another or defense of property, a person may stand the person’s ground and defend herself 2 himself another the person’s habitation or property.

1.This instruction must be given when a duty to retreat is at issue in a self defense, defense of another, or defense of property case.

2.Choose applicable alternative or alternatives.

[As amended by Supreme Court Order No. 18-8300-012, effective for all cases pending or filed on or after December 31, 2018.].

 

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