CALCRIM No. 3474. Danger No Longer Exists or Attacker Disabled

Judicial Council of California Criminal Jury Instructions (2020 edition)

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3474.Danger No Longer Exists or Attacker Disabled
The right to use force in (self-defense/ [or] defense of another) continues
only as long as the danger exists or reasonably appears to exist. [When
the attacker (withdraws/ [or] no longer appears capable of inflicting any
injury), then the right to use force ends.]
New January 2006
BENCH NOTES
Instructional Duty
The court may give this instruction on request when supported by the evidence. (See
People v. Martin (1980) 101 Cal.App.3d 1000, 1010 [162 Cal.Rptr. 133].)
AUTHORITY
• Instructional Requirements. See People v. Keys (1944) 62 Cal.App.2d 903, 916
[145 P.2d 589]; People v. Perez (1970) 12 Cal.App.3d 232, 236 [90 Cal.Rptr.
521].
SECONDARY SOURCES
1 Witkin & Epstein, California Criminal Law (4th ed. 2012) Defenses, § 81.
3 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 73,
Defenses and Justifications, § 73.11[1][b] (Matthew Bender).
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