Page 298 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10001

(A) Apprehended, on reasonable grounds, that death or grievous bodily hann was about to
be inflicted wrongfully on the accused; and
(B) Believed that the force the accused used was necessary for protection against death or
grievous bodily hann.
(2) Certain aggravated assault cases. It is a defense to assault with a dangerous weapon or
means likely to produce death or grievous bodily hann that the accused:
(A) Apprehended, on reasonable grounds, that bodily harm was about to be inflicted
wrongfully on the accused; and
(B) In order to deter the assailant, offered but did not actually apply or attempt to apply
such means or force as would be likely to cause death or grievous bodily harm.
(3) Other assaults. It is a defense to any assault punishable under Article 89, 91, or 128 and
not listed in paragraphs ( e )(1) or (2) of this rule that the accused:
(A) Apprehended, upon reasonable grounds, that bodily hann was about to be inflicted
wrongfully on the accused; and
(B) Believed that the force that accused used was necessary for protection against bodily
harm, provided that the force used by the accused was less than force reasonably likely to
produce death or grievous bodily harm.
(4) Loss o.fright to se(f-defense. The right to self-defense is lost and the defenses described in
paragraphs (e)(l), (2), and (3) ofthis rule shall not apply ifthe accused was an aggressor,
engaged in mutual combat, or provoked the attack which gave rise to the apprehension, unless
the accused had withdrawn in good faith after the aggression, combat, or provocation and before
the offense alleged occurred.
(5) Defense (?f another. The principles of self-defense under paragraphs ( e )(1) through ( 4) of
this rule apply to defense of another. It is a defense to homicide, attempted homicide, assault
with intent to kill, or any assault under Article 89, 91, or 128 that the accused acted in defense of
another, provided that the accused may not use more force than the person defended was
lavvfully entitled to use under the circumstances.
(f) Accident. A death, injury, or other event which occurs as the unintentional and unexpected
result of doing a lawful act in a lawful manner is an accident and excusable.
(g) Entrapment. It is a defense that the criminal design or suggestion to commit the offense
originated in the Government and the accused had no predisposition to commit the ofiense.
(h) Coercion or duress. It is a defense to any offense except killing an innocent person that the
accused's participation in the ofiense was caused by a reasonable apprehension that the accused
or another innocent person would be immediately killed or would immediately sutTer serious
bodily injury if the accused did not commit the act. The apprehension must reasonably continue
throughout the commission of the act. If the accused has any reasonable opportunity to avoid
committing the act without subjecting the accused or another innocent person to the hann
threatened, this defense shall not apply.
(i) Inability. It is a defense to refusal or failure to perform a duty that the accused \Vas, through
no fault of the accused, not physically or financially able to perfonn the duty.
(j) Ignorance or mistake of fact.
(1) Generally. Except as otherwise provided in this subsection, it is a defense to an offense
that the accused held, as a result of ignorance or mistake, an incorrect belief of the true
circumstances such that, if the circumstances were as the accused believed them, the accused
would not be guilty of the offense. If the ignorance or mistake goes to an element requiring
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premeditation, specific intent, willfulness, or knowledge of a particular fact, the ignorance or