• 1985 - Excuse (Necessary and Appropriate Conduct)
  • K-3.80
    • Defenses
    • Defenses
    • Ignorance
    • Mistake
    • Negligence
  • A person's conduct is excused if the person believes that the facts are such that the conduct is necessary and appropriate, even though that belief is mistaken. [However, if that belief is negligently or recklessly held, it is not an excuse in a prosecution for any offense for which negligent or reckless conduct suffices to establish culpability.]
    • 12.1-05-08
    • Borstad v. La Roque, 98 NW2d 16 (ND 1959)
    • Eddy v. Wells, 231 NW 785 (ND 1930)
    • Hurt v. Freeland, 1999 ND 12, 598 NW2d 551
    • Jasper v. Freitag, 145 NW2d 879 (ND 1966)
    • Saterland v. Fieber, 91 NW2d 623 (ND 1958)
    • State v. Hass, 268 NW2d 456 (ND 1978)
    • State v. Skjonsby, 319 NW2d 764 (ND 1982)
    • Wilson v. Oscar H. Kjorlie Co., 12 NW2d 526 (ND 19
  • Notes: This instruction should be given if evidence has been received sufficient to support a finding of excuse, in which case the “Essential Elements of Offense” instruction should require a negative finding of the exculpatory belief. The bracketed sentence should be given only if negligent or reckless conduct suffices to establish culpability for the offense charged. (2005 - reviewed with no changes)