AK · jury_instructions
Alaska Criminal Pattern Jury Instruction 11.41.115(a) #1
Murder - Defense - Heat of Passion
The defendant is charged with [murder in the [first] [second] degree for [intentionally causing the death of another person] [intending to cause serious physical injury or knowing that [his] [her] conduct was substantially certain to cause death or serious physical injury to another person, the defendant caused the death of another person]] [attempted murder in the first degree]. It is a defense to [this theory of murder in the [first] [second] degree] [attempted murder in the first degree] that the defendant acted in a heat of passion.
If you find that the state has proved the elements of the crime of [murder in the [first] [second] degree under that theory] [attempted murder in the first degree], you must then decide whether the defendant acted in a heat of passion before there had been a reasonable opportunity for the passion to cool, when the heat of passion resulted from a serious provocation from the intended victim.
The state has the burden of disproving heat of passion beyond a reasonable doubt. To prove that the defendant did not act in the heat of passion, the state must prove beyond a reasonable doubt one or more of the following elements:
(1) the defendant did not act in a heat of passion; or
(2) the defendant had a reasonable opportunity for [his] [her] passion to cool before using the force that resulted in the death of another person; or
(3) the defendant’s heat of passion did not result from serious provocation by the intended victim.
If you find that the state has not proved beyond a reasonable doubt that the defendant did not act in the heat of passion, then you must find the defendant not guilty of [murder in the [first] [second] degree] [attempted murder in the first degree] and find [him] [her] guilty of [manslaughter] [attempted manslaughter].
History
Alaska Criminal Pattern Jury Instructions 11.41.115(a) #1, dated Revised 2014; list of updates: December 2014. Prepared by the Alaska Criminal Pattern Jury Instructions Committee; published by the Alaska Court System. The Alaska Court System states that these instructions "have not been approved or promulgated by any court or the Alaska Bar Association."
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
42dbba89265a7ad3a0217163cf8cb8ddc5cd6c02e7456408d56dd6a63da1dd6e
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