AK · jury_instructions
Alaska Criminal Pattern Jury Instruction 11.46.340
Defense - Emergency Use of Premises
In this prosecution, the defendant has raised the affirmative defense of emergency use of premises. If you find that the state has proved all the elements of the offense beyond a reasonable doubt, then you must decide whether the defendant has established this affirmative defense.
To establish this affirmative defense, the defendant must establish that the following statements are more likely true than not true:
(1) the [entry] [use] [occupancy of the premises] [use of personal property on the premises] was for an emergency in the case of immediate and dire need; and
(2) as soon as reasonably practical after the [entry] [use] [occupancy of the premises] [use of personal property on the premises], the defendant contacted the owner of the premises, the owner's agent or, if the owner is unknown, the nearest state or local police agency, and made a report of the time of the [entry] [use] [occupancy of the premises] [use of personal property on the premises] unless notice waiving necessity of the report was posted on the premises by the owner or the owner's agent.
The burden is on the defendant to prove this affirmative defense. The defendant does not have to prove this affirmative defense beyond a reasonable doubt. Rather, the burden is on the defendant to prove this affirmative defense by a preponderance of the evidence, which is a lower standard than beyond a reasonable doubt. It means "more likely true than not true."
History
Alaska Criminal Pattern Jury Instructions 11.46.340, dated Added 2005. 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
412b5fe191243783ade60a51c48690fba1efbd359ec3d3a4ef265347909f1dbb
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