Wis JI-Criminal 835

ADD THE FOLLOWING TO WIS JI-CRIMINAL 825 OR 830 WHEN

SUPPORTED BY THE EVIDENCE.

Provocation

You should consider whether (name of person defended) provoked the attack. A

person who engages in unlawful conduct 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 he1 is

in imminent danger of death or great bodily harm, he may lawfully act in self-defense. But

the person may not use or threaten force intended or likely to cause death or great bodily

harm unless he reasonably believes he 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.]

However, even if (name of person defended) had provoked the attack, the defendant

would still be allowed to act in defense of (name of person defended) if the defendant

actually and reasonably believed that (name of person defended) was entitled to act in his or

her own defense.