• 2006 - Murder - Class A Felony (Extreme Emotional Disturbance)
  • K-6.15
    • Homicide
    • Homicide
    • Provocation

  • [If you find the Defendant not guilty of Murder, [a class AA felony,] then you must consider whether the Defendant is guilty of Murder, a class A felony, an offense necessarily included in the offense charged.]

     

    A person is guilty of Murder, a class A felony, if the person intentionally or knowingly causes the death of another human being under circumstances which would be murder, except for the fact that the person acted under the influence of extreme emotional disturbance for which there is reasonable excuse. The reasonableness of the excuse is determined from the viewpoint of a person in that situation under the circumstances as the person believes them to be. An extreme emotional disturbance is excusable if it is occasioned by substantial provocation, serious event, or a situation for which the offender was not culpably responsible.

     

    ESSENTIAL ELEMENTS OF INCLUDED OFFENSE

     

    The State’s burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

     

    1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________, intentionally or knowingly caused the death of _______________, a human being; and

     

    2) The death was caused by the Defendant under circumstances that would sustain a finding of guilty of the crime of Murder, a class AA felony, except for the fact that the Defendant acted under the influence of extreme emotional disturbance for which there was reasonable excuse[.] [;and]

     

    [3) The Defendant did not act in self-defense.]

     

    DEFINITIONS [Insert relevant definitions. NDCC 12.1-01-04; 12.1-02-02.]


    *****

    • 12.1-16-01(2)
    • State v. Dilger, 338 NW2d 87 (ND 1983)
    • State v. Havorson, 346 NW2d 704 (ND 1984)
    • State v. Trieb, 315 NW2d 649 (ND 1982)
  • Notes: See NDJI K - 6.16 for the definition of "extreme emotional disturbance." The bracketed paragraph should be omitted if the Defendant is not charged with Murder, a class AA felony, in which case the definition of Murder, a class AA felony, must also be stated. State v. Halvorson, 346, NW2d 704 (ND 1984); State v. Dilger, 338 NW2d 87 (ND 1983). If there is evidence supporting a claim of self-defense, use bracketed element number 3.