1.      The defendant acted in the heat of passion;

2.      The defendant was (suddenly provoked by          
<insert name of decedent>/ [or] suddenly drawn into combat by <insert name of decedent>);

3.      The defendant did not take undue advantage of
                       <insert name of decedent>;

4.      The defendant did not use a dangerous weapon;

5.      The defendant did not kill_____________ <insert name of
decedent> in a cruel or unusual way;

6.      The defendant did not intend to kill______________ <insert
name of decedent> and did not act with conscious disregard of the danger to human life;

AND

7.      The defendant did not act with criminal negligence.

A person acts in the heat ofpassion when he or she is provoked into doing a rash act under the influence of intense emotion that obscures his or her reasoning or judgment. The provocation must be sufficient to have caused a person of average disposition to act rashly and without due deliberation, that is, from passion rather than from judgment.

Heat of passion does not require anger, rage, or any specific emotion. It can be any violent or intense emotion that causes a person to act without due deliberation and reflection.

In order for the killing to be excused on this basis, the defendant must have acted under the direct and immediate influence of provocation as I have defined it. While no specific type of provocation is required, slight or remote provocation is not sufficient. Sufficient provocation may occur over a short or long period of time.