ID · jury_instructions
ICJI 1519
Self-Defense – Duty To Retreat
ICJI 1519 SELF-DEFENSE -- DUTY TO RETREAT
In the exercise of the right of [self-defense] [defense of another], one need not retreat. One may stand one's ground and defend [oneself] [the other person] by the use of all force and means which would appear to be necessary to a reasonable person in a similar situation and with similar knowledge[; and a person may pursue the attacker until [the person] [the other person] has been secured from danger if that course likewise appears reasonably necessary]. This law applies even though the person being [attacked] [defended] might more easily have gained safety by flight or by withdrawing from the scene.
Comment
State v. McGreevey, 17 Idaho 453, 466, 105 Pac. 1047 (1909); State v. Dunlap, 40 Idaho 630, 637, 235 Pac. 432 (1925).
This instruction may be used with homicide or with battery. The committee suggests that the bracketed language at the end of the second sentence only be used where the facts indicate that the defendant pursued his attacker.
Provenance
- Source
- isc.idaho.gov
- Retrieved
- 2026-08-21
- Edition
- 2026-08-20
- Content hash
7da1dd7036a00b8c31e67c35fd2aa2ef569446e3ecf5dd307458672201f8c81c
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