Upon the law of self-defense as it applies to the offense of aggravated robbery, you are instructed that a person is justified in using force against another when and to the degree he reasonably believes the force is immediately necessary to protect himself against the other person's imminent commission of aggravated kidnapping and/or sexual assault. The use of force against another is not justified in response to verbal provocation alone.
A person is justified in using deadly force against another if he would be justified in using force against the other in the first place, as above set out, and when he reasonably believes that such deadly force is immediately necessary to protect himself against the other person's imminent commission of aggravated kidnapping and/or sexual assault, and if a reasonable person in the defendant's situation would not have retreated.
By the term "reasonable belief" as used herein is meant a belief that would be held by an ordinary and prudent person in the same circumstances as the defendant.
By the term "deadly force" is meant force that is intended or known by the persons using it to cause, or in the manner of its use or intended use is capable of causing, death or serious bodily injury.
"Serious bodily injury" means a 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.
A person commits the offense of aggravated kidnapping if he intentionally or knowingly abducts another person with the intent to violate or abuse him sexually or to facilitate the commission of a felony or the flight after the attempt or commission of a felony.
The term "abduct" means to restrain a person with intent to prevent his liberation by:
(1) secreting or holding him in a place where he is not likely to be found; or
(2) using or threatening to use deadly force.
The term "restrain" means to restrict a person’s movements without consent, so as to interfere substantially with his liberty, by moving him from one place to another or by confining him.
Restraint is "without consent" if it is accomplished by force, intimidation, or deception.
A person commits the offense of sexual assault if the person intentionally or knowingly:
(1) causes the penetration of the anus or female sexual organ of another person by any means, without that person’s consent; or
(2) causes the penetration of the mouth of another person by the sexual organ of the defendant, without that person’s consent; or
(3) causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the defendant.
A sexual assault is without the consent of the other person if the defendant compels the other person to submit or participate by the use of physical force or violence.
When a person is attacked with intent by the other person to commit aggravated kidnapping and/or sexual assault or he reasonably believes he is under attack or attempted attack with intent by the other person to commit aggravated kidnapping and/or sexual assault, and there is created in the mind of such person a reasonable expectation or fear of aggravated kidnapping and/or sexual assault, then the law excuses or justifies such person in resorting to deadly force by any means at his command to the degree that he reasonably believes immediately necessary, viewed from his standpoint at the time, to protect himself from such attack or attempted attack. And it is not necessary that there be an actual aggravated kidnapping and/or sexual assault or attempted aggravated kidnapping and/or sexual assault, as a person has a right to defend his life and person from apparent danger as fully and to the same extent as he would had the danger been real, provided that he acted upon a reasonable apprehension of danger, as it appeared to him from his standpoint at the time, and that he reasonably believed such deadly force was immediately necessary to protect himself against the other person's imminent commission of aggravated kidnapping and/or sexual assault.
In determining the existence of real or apparent danger, you should consider all the facts and circumstances in the case in evidence before you, together with all relevant facts and circumstances going to show the condition of the mind of the defendant at the time of the occurrence in question, and in considering such circumstances, you should place yourselves in the defendant's position at that time and view them from his standpoint alone.
Therefore, if you find from the evidence beyond a reasonable doubt that the defendant, (DEFENDANT), did unlawfully, while in the course of committing theft of property owned by (COMPLAINANT) and with intent to obtain or maintain control of the property, intentionally or knowingly threaten or place (COMPLAINANT) in fear of imminent bodily injury or death, by using or exhibiting a deadly weapon, to-wit: a knife, but you further find from the evidence, as viewed from the standpoint of the defendant at the time, that from the words or conduct, or both, of (COMPLAINANT) it reasonably appeared to the defendant that the use of deadly force was immediately necessary to prevent the imminent commission of aggravated kidnapping and/or sexual assault by (COMPLAINANT), and that acting under such apprehension and reasonably believing that the use of deadly force on his part was immediately necessary to protect himself against (COMPLAINANT)'s imminent commission of aggravated kidnapping and/or sexual assault, the defendant threatened (COMPLAINANT) with a deadly weapon, namely a knife, and that a reasonable person in the defendant's situation would not have retreated, then you should acquit the defendant of aggravated robbery on the grounds of self-defense; or if you have a reasonable doubt as to whether or not the defendant was acting in self-defense on said occasion and under the circumstances, then you should give the defendant the benefit of that doubt and acquit the defendant of aggravated robbery.
If you find from the evidence beyond a reasonable doubt that at the time and place in question the defendant did not reasonably believe that the use of deadly force was immediately necessary to prevent the imminent commission of aggravated kidnapping and/or sexual assault by (COMPLAINANT), or that a reasonable person in the defendant's situation would have retreated before using deadly force against (COMPLAINANT), then you should find against the defendant on the issue of self-defense.