• 1985 - Affirmative Defenses to [Murder] [Murder of Unborn Child] (Multiple Participants)
  • K-6.10
    • Accomplices And Accessories
    • Defenses
    • Explosives
    • Homicide
    • Homicide

  • In a prosecution for [Murder] [Murder of Unborn Child] while committing a crime in which the Defendant was not the only participant in the underlying crime, it is an affirmative defense that the Defendant:

     

    1)  did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid the commission thereof;

     

    2)  was not armed with a firearm, destructive device, dangerous weapon, or other weapon which under the circumstances indicated a readiness to inflict serious bodily injury;

     

    3)  reasonably believed that no other participant was armed with such a weapon; and

     

    4)  reasonably believed that no other participant intended to engage in conduct likely to result in death or serious bodily injury.

     

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    NDCC 12.1-16-01
    NDCC 12.1-01-03(3)
    NDCC NDCC 12.1-01-04

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  • Notes: Follow this instruction with NDJI K - 4.30, Affirmative Defense - Burden of Proof.