[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 guardian-incompetent defense.

Guardian-Incompetent Defense

[Use for noninstitutional situations.]

A person’s use of force against another that constitutes the crime of [offense] is justified by the guardian-incompetent defense 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 whom the defendant used force against is mentally incompetent; and
3. [2./3.] the person is the guardian or someone similarly responsible for the general care and supervision of the mentally incompetent person; and
4. [3./4.] the person believed the degree of force and when it was used were necessary to safeguard and promote the mentally incompetent person’s welfare; and
5. [4./5.] that belief was reasonable.

[Use for maintaining discipline in institutional situations.]

A person’s use of force against another that constitutes the crime of [offense] is justified by the guardian-incompetent defense if—

[Include the following if raised by the evidence.]

1. the person did not use deadly force; and

[Continue with the following.]

2. [1./2.] the person whom the defendant used force against is mentally incompetent; and
3. [2./3.] the mentally incompetent person is in an institution for his or her care and custody; and
4. [3./4.] the person is the guardian or someone similarly responsible for the general care and supervision of the mentally incompetent person; and
5. [4./5.] the person believed the degree of force and when it was used were necessary to maintain discipline in the institution; and
6. [5./6.] that belief was reasonable.

Burden of Proof

The defendant is not required to prove this defense. 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.

Application of Law to Facts

[Use for noninstitutional situations where the trial court has found as a matter of law that the complainant was mentally incompetent at the time of the offense.]

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]; or

[Continue with the following.]

2. [1./2.] [name] is not mentally incompetent; or
3. [2./3.] the defendant is not [ [name]’s guardian/the guardian or someone similarly responsible for the general care and supervision of [name]]; or
4. [3./4.] the defendant did not believe the degree of force or when it was used was necessary to safeguard and promote [name]’s welfare; or
5. [4./5.] the defendant’s belief was not reasonable.

You must all agree that the state has proved, beyond a reasonable doubt, either element 1, 2, 3, [or 4/4, or 5] 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, 3, [or 4/4, or 5] 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, 3, [or 4/4, or 5] listed above, you must find the defendant “guilty.”

[Use for maintaining discipline in institutional situations where the trial court has found as a matter of law that the complainant was mentally incompetent at the time of the offense.]

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]; or

[Continue with the following.]

2. [1./2.] [name] is not mentally incompetent; or
3. [2./3.] [name] is not in an institution for his or her care or custody; or
4. [3./4.] the defendant is not [ [name]’s guardian/the guardian or someone similarly responsible for the general care and supervision of [name]]; or
5. [4./5.] the defendant did not believe the degree of force or when it was used was necessary to safeguard and promote [name]’s welfare; or
6. [5./6.] the defendant’s belief was not reasonable.

You must all agree that the state has proved, beyond a reasonable doubt, either element 1, 2, 3, 4, [or 5/5, or 6] 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, 3, 4, [or 5/5, or 6] 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, 3, 4, [or 5/5, or 6] 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.]