WI WJIC 835 Privilege: Defense of Others: Effect of Provocation by Person Defended
Wisconsin Jury Instruction Criminal (WJIC)
835 Privilege: Defense of Others: Effect of Provocation by Person Defended — § 939.48(4)
ADD THE FOLLOWING TO WIS JI CRIMINAL 825 OR 830 WHEN SUPPORTED BY THE EVIDENCE.
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.
[Checked December 2017]