WI · jury_instructions
Wis JI-Criminal 815
Privilege: Self-Defense: Not Available to One Who Provokes an Attack: Regaining the Privilege
[ADD THE FOLLOWING TO WIS JI-CRIMINAL 800, 801, OR 805 WHEN
SUPPORTED BY THE EVIDENCE.]
Provocation
You should also consider whether the defendant provoked the attack. A person who
engages in unlawful conduct 1 of a type likely to provoke others to attack, and who does
provoke an attack, is not allowed to use or threaten force in self-defense against that
attack.
[USE ANY OF THE FOLLOWING PARAGRAPHS THAT ARE SUPPORTED
BY THE EVIDENCE.]
[However, if the attack which follows causes the person reasonably to believe that he
or she is in imminent danger of death or great bodily harm, he or she may lawfully act in
self-defense. But the person may not use or threaten force intended or likely to cause
death unless he or she reasonably believes he or she has exhausted every other reasonable
means to escape from or otherwise avoid death or great bodily harm.]
[A person who provokes an attack may regain the right to use or threaten force if the
person in good faith withdraws from the fight and gives adequate notice of the
withdrawal to his assailant.]
[A person who provokes an attack whether by lawful or unlawful conduct with intent
to use such an attack as an excuse to cause death or great bodily harm to another person is
not entitled to use or threaten force in self-defense.]
History
Wis JI-Criminal 815 (2020). Release No. 58, 7/2020. © 2020, Regents, Univ. of Wis. Prepared by the Wisconsin Criminal Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
35e1f17516f5621b694b4552852e1c92596330c5672ffe8f9e7aff00fa402373
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