10th Cir. Crim. Pattern Jury Instr. 1.28.2

DEFENSE OF ANOTHER

The defendant [name the defendant] has offered evidence

that [he] was acting in [imperfect self-defense] [imperfect defense

of another].

This defense requires that the defendant has an actual but

unreasonable belief that [he] [another] faced imminent danger of

death or great bodily harm and that the force [he] used in response

was necessary to prevent death or great bodily harm to [himself]

[another]. An actual belief means a sincerely held belief, and the

belief need not be objectively reasonable. A person who kills

another while holding an actual but unreasonable belief does not

have the malice necessary for first or second degree murder.

To find the defendant guilty of [the charged offense], you

must be convinced the government has proved beyond a

reasonable doubt:

Either, the defendant did not hold the actual belief that [he]

[another] faced imminent danger of death or great bodily harm,

Or, the defendant did not hold the actual belief that the

force [he] used was necessary to prevent death or great bodily

harm to [himself] [another].