COLJI-Crim. H:15

The evidence presented in this case has raised the affirmative defense

of “[deadly] physical force against an intruder,” as a defense to [insert

name(s) of offense(s)].

The defendant was legally authorized to use any degree of physical

force [, including deadly physical force,] against another person without

first retreating if:

1. he [she] was an occupant of a dwelling, and

2. the other person had made a knowingly unlawful entry into

that dwelling, and

3. he [she] had a reasonable belief that, in addition to the

uninvited entry, the other person had committed, was

committing, or intended to commit a crime in the dwelling, and

4. he [she] reasonably believed the other person might use any

physical force, no matter how slight, against any occupant of

the dwelling.

The prosecution has the burden to prove, beyond a reasonable doubt,

that the defendant’s conduct was not legally authorized by this defense. In

order to meet this burden of proof, the prosecution must disprove, beyond

a reasonable doubt, at least one of the above numbered conditions.

After considering all the evidence, if you decide the prosecution has

failed to meet this burden of proof, then the prosecution has failed to prove

the defendant’s conduct was not legally authorized by this defense, which

is an essential element of [insert name(s) of offense(s)]. In that event, you

must return a verdict of not guilty of [that] [those] offense[s].

After considering all the evidence, if you decide the prosecution has

met this burden of proof, then the prosecution has proved the defendant’s

conduct was not legally authorized by this defense. In that event, your

verdict[s] concerning the charge[s] of [insert name(s) of offense(s)] must

depend upon your determination whether the prosecution has met its

burden of proof with respect to the remaining elements of [that] [those]

offense[s].