[Insert instructions for underlying offense.]

If you all agree the state has proved, beyond a reasonable doubt, each of the [number] elements listed above, you must next consider whether the defendant is not guilty because his use of force was justified by the defense of reasonable discipline.

Reasonable Discipline

A person’s use of force against a child younger than eighteen years old that would otherwise constitute the crime of [offense] is justified by the defense of reasonable discipline if—

[Include the following if raised by the evidence.]

1. 1. the person did not use deadly force; and

[Continue with the following.]

2. [1./2.] the person is [the child’s parent/the child’s stepparent/acting in loco parentis to the child]; and
3. [2./3.] the person believed the degree of force and when it was used were necessary to [discipline the child/safeguard or promote the child’s welfare]; and
4. [3./4.] that belief was reasonable.

Burden of Proof

The defendant is not required to prove the defense of reasonable discipline. Rather, the state must prove, beyond a reasonable doubt, that the defense does not apply to the defendant’s conduct.

Definitions

Reasonable Belief

“Reasonable belief” means a belief that an ordinary and prudent person would have held in the same circumstances as the defendant.

[Include the following if raised by the evidence.]

Deadly Force

“Deadly force” means force that is intended or known by the person using it to cause death or serious bodily injury or force that in the manner of its use or intended use is capable of causing death or serious bodily injury.

Serious Bodily Injury

“Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. “Bodily injury” means physical pain, illness, or any impairment of physical condition.

In Loco Parentis

“In loco parentis” includes a grandparent or guardian; any person acting by, through, or under the direction of a court with jurisdiction over the child; and anyone who has express or implied consent of the parent or parents.

Application of Law to Facts

To decide this issue, you must determine whether the state has proved, beyond a reasonable doubt, one of the following elements. The elements are that—

[Include the following if raised by the evidence.]

1. 1. the defendant used deadly force against [name of child]; or

[Continue with the following.]

2. [1./2.] the defendant is not [[name of child]’s parent/[name of child]’s stepparent/acting in loco parentis to [name of child]]; or
3. [2./3.] the defendant did not believe the degree of force or when it was used was necessary to [discipline [name of child]/safeguard or promote [name of child]’s welfare]; or
4. [3./4.] the defendant’s belief was not reasonable.

You must all agree that the state has proved, beyond a reasonable doubt, either element 1, 2, [or 3/3, or 4] listed above. You need not agree on which of these elements the state has proved.

If you find that the state has failed to prove, beyond a reasonable doubt, either element 1, 2, [or 3/3, or 4] listed above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, each of the elements of the offense of [insert specific offense], and you all agree the state has proved, beyond a reasonable doubt, either element 1, 2, [or 3/3, or 4] listed above, you must find the defendant “guilty.”

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]