WA W.P.I.C. 16.03 Justifiable Homicide—Resistance To Felony

State: Washington

Washington Pattern Jury Instructions–Criminal (W.P.I.C.)

Part IV. Defenses  Chapter 16.  Justifiable Homicide

WA  W.P.I.C. 16.03 Justifiable Homicide—Resistance To Felony

It is a defense to a charge of [murder][manslaughter] that the homicide was justifiable as defined in this instruction.

Homicide is justifiable when committed in the actual resistance of an attempt to commit a felony [upon the slayer][in the presence of the slayer][or][upon or in a dwelling or other place of abode in which the slayer is present].

The slayer may employ such force and means as a reasonably prudent person would use under the same or similar conditions as they reasonably appeared to the slayer, taking into consideration all the facts and circumstances as they appeared to [him][her] at the time [and prior to] the incident.

The State has the burden of proving beyond a reasonable doubt that the homicide was not justifiable. If you find that the State has not proved the absence of this defense beyond a reasonable doubt, it will be your duty to return a verdict of not guilty.