UT · jury_instructions
MUJI 2d CR1422
Extreme emotional distress mitigation - Applicability.
Extreme emotional distress exists if the circumstances support that the defendant acted predominantly in response to a highly provoking act by the other person, which provoking act immediately preceded the defendant's actions.
Extreme emotional distress does not include distress that is substantially caused by the defendant's own conduct.
In addition, special mitigation for extreme emotional distress does not exist if:
(1) a period of time has passed long enough for a reasonable person to have recovered from the extreme emotional distress;
(2) the defendant responded to the circumstances by inflicting serious or substantial bodily injury over a prolonged period of time or inflicted torture; or
(3) the other person's highly provoking act was comprised of words alone.
Provenance
- Source
- legacy.utcourts.gov
- Retrieved
- 2026-08-22
- Edition
- 2026-08-21
- Content hash
33ce598a956768bf38b527fa75624c748c2cca2774bbbf4f6bdece1dc159e5e3
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