Posted: February 9, 2026
Criminal Jury Instructions – Ignorance or Mistake of Fact or Law; Imperfect Self-Defense – Comment Period Expires March 26, 2026
The following instructions, special verdict form, or related Committee Notes have been created or amended:
CR541 Ignorance or Mistake of Fact.
CR542 Ignorance or Mistake of Law.
SVF1450 Imperfect Self-Defense.
CR1402 Aggravated Murder Elements – Utah Code sect. 76-5-202(1).
CR1403 Aggravated Murder Elements – Utah Code sect. 76-5-202(2).
CR1451 Definition of Imperfect Self-Defense.
Please reference the instruction(s) in your comments. Although these instructions are subject to a comment period, they are now ready for use. The Model Criminal Jury Instructions Committee will consider all comments made during the comment period and may revise the instructions as appropriate. To view all MUJI Criminal instructions please visit the MUJI website – here.
The Judicial Council also encourages judges and practitioners to continuously share their experiences using any of the published instructions with the Model Criminal Jury Instructions Committee. To view the Committee’s work please visit the MUJI Criminal Committee website – here.
CR1451 Definition of Imperfect Self-Defense.
I think the Committee should remove the phrase “reasonable mistake of law” from the imperfect self-defense instruction. While caselaw correctly uses that phrase to describe the defense, I think the phrase merely confuses lay jurors. In fact, many lawyers have a hard time explaining what it means. I would delete it and rework the second paragraph as follows:
Imperfect self-defense applies when the defendant [caused the death] [attempted to cause the death] of another while incorrectly, but reasonably, believing that the law justified or excused his/her conduct. In other words, it applies when a defendant reasonably believed that the law allowed him/her to act as he/she did, but in fact, the law did not allow the defendant to take such action. The reasonable belief of the defendant shall be determined from the viewpoint of a reasonable person under the circumstances.
Arguably, you could delete the second sentence entirely because it is redundant.
This format won’t let me post a redline version, but I can send that if you would like.