Model Utah Jury Instructions, Second Edition – Criminal
Homicide

CR1410 Explanation of Imperfect Self-Defense as Partial Defense to Aggravated Murder or Murder.

Imperfect self-defense is a partial defense to the charge of [aggravated] murder [attempted aggravated murder/attempted murder]. It applies when the defendant caused the death of another while incorrectly, but reasonably, believing that (his) (her) conduct was legally justified or excused. The effect of the defense is to reduce the crime of __ to __ .

The defendant is not required to prove that the defense applies. Rather, the State must prove beyond a reasonable doubt that the defense does not apply. The State has the burden of proof at all times. If the State has not carried this burden, the defendant may only be convicted of .

References

Utah Code Ann. § 76-5-202(4).
Utah Code Ann. § 76-5-203(4).
Utah Code Ann. § 76-5-205.

 

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