Wyoming Pattern Jury Instructions (WPJIC)
8.07A PRESUMPTION – REASONABLE USE OF FORCE IN OWN RESIDENCE
A person is presumed to have held a reasonable fear of imminent peril of death or serious bodily injury to himself or another when using defensive force that is intended or likely to cause death or serious bodily injury to another if both of the following apply:
1. The intruder against whom the defensive force was used [had unlawfully and forcibly entered] [was in the process of unlawfully and forcibly entering] [had removed another against his will from the home or habitation] [had attempted to remove another against his will from the home or habitation] and;
2. The person who uses defensive force knew or had reason to believe that an [unlawful and forcible entry] [unlawful forcible act] was occurring.
If you find from the evidence that both of these conditions apply, you should presume that the person using deadly force was in reasonable apprehension of death or serious bodily harm unless the State has rebutted such presumption beyond a reasonable doubt.
Source: W.S. § 6-2-602
Adopted 2009