AK · jury_instructions
Alaska Criminal Pattern Jury Instruction 11.41.115(a) #2
Murder - Defense - Heat of Passion - Definitions
"Passion" includes anger, rage, fear, terror, and other intense emotions.
"Serious provocation" means conduct that is sufficient to excite an intense passion in a reasonable person in the defendant’s situation[, other than a person who is intoxicated,] under the circumstances as the defendant reasonably believed them to be. Insulting words, insulting gestures, or hearsay reports of conduct engaged in by the intended victim do not, alone or in combination with each other, constitute serious provocation.
"Intended victim" means a person whom the defendant was attempting to kill or to whom the defendant was attempting to cause serious physical injury when the defendant caused the death of the person the defendant is charged with killing.
History
Alaska Criminal Pattern Jury Instructions 11.41.115(a) #2, dated Revised 1999. 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
0e228fe2578505ea545c3bcaefc0e92ec998d85ef292c8c48fb8a1cdf4203d6c
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