COLJI-Crim. H:14

The evidence presented in this case has raised the question of self-defense with respect to [insert name(s) of offense(s)].

A person is justified in using deadly physical force upon another

person without first retreating in order to defend himself [herself] or a

third person from what he [she] reasonably believes to be the use or

imminent use of unlawful physical force by that other person if he [she]

reasonably believes a lesser degree of force is inadequate, and:

[he [she] has a reasonable ground to believe, and does believe, that he

[she] or another person is in imminent danger of being killed or of

receiving great bodily injury.]

[the other person is using or reasonably appears about to use

physical force against an occupant of a dwelling or business

establishment while committing or attempting to commit burglary.]

[the other person is committing or reasonably appears about to

commit kidnapping, robbery, sexual assault, or assault in the first or

second degree.]

However, a person is not justified in using deadly physical force if:

[with intent to cause bodily injury or death to another person, he

[she] provokes the use of unlawful physical force by that other

person.]

[he [she] is the initial aggressor; except that his [her] use of deadly

physical force upon another person under the circumstances is

justifiable if he [she] withdraws from the encounter and effectively

communicates to the other person his [her] intent to do so, but the

other person nevertheless continues or threatens the use of unlawful

physical force.]

[the physical force involved is the product of an unauthorized

combat by agreement.]

[the use of physical force against another is based on the discovery of,

knowledge about, or potential disclosure of the victim’s actual or

perceived gender, gender identity, gender expression, or sexual

orientation, including but not limited to under circumstances in

which the victim makes an unwanted nonforcible romantic or sexual

advance toward the person.]

You have been instructed that the prosecution has the burden of

proving beyond a reasonable doubt all of the elements of [insert name(s) of

offense(s)], including that the defendant acted [recklessly] [with extreme

indifference] [in a criminally negligent manner].

You are further instructed that, with respect to [insert name(s) of

offense(s)], the prosecution does not have an additional burden to disprove

self-defense. You are instructed, though, that a person does not act

[recklessly] [with extreme indifference] [in a criminally negligent manner]

if his [her] conduct is legally justified as set forth above.