OUJI-CR 8-3

DEFENSE OF ANOTHER PERSON -

JUSTIFIABLE USE OF FORCE TO PREVENT OFFENSE

A person is justified in using reasonable force in aid or defense of another person who is about to be injured during the commission of a crime.

_____________________________

Statutory Authority: 22 O.S. 2011, § 33.

Committee Comments

In Whitechurch v. State, 1983 OK CR 9, ¶¶ 14-15, 657 P.2d 654, 657, the Oklahoma Court of Criminal Appeals required a jury instruction to be given that covered the defense in 22 O.S. 2011, § 33. The Court noted that this defense complemented and to a certain extent overlapped the principles of self-defense and the defense of others.

(2015 Supp.)