IN IJA 10.1600. Duress.

IN IJA 10.1600. Duress.

State: Indiana

Indiana Judges Association (IJA) (2017)

CHAPTER 10 DEFENSES RELATING TO CULPABILITY

Instruction No. 10.1600. Duress.

I.C. 35–41–3–8.


It is an issue whether the Defendant was acting under duress.

It is a defense that the Defendant was compelled to commit the acts charged by threat of imminent serious bodily injury to himself or another person. [With respect to offenses other than felonies, it is a defense that the Defendant was compelled to commit the acts charged by force or threat of force.] Compulsion exists only if the force, threat, or circumstances would render a reasonable person incapable of resisting the pressure.

This defense does not apply to a person who [(recklessly) (knowingly) (intentionally) placed himself in a situation where it was foreseeable that he would be subjected to duress] [committed an offense against the person as defined in IC 35–42].

The State has the burden of proving beyond a reasonable doubt that the Defendant was not acting under duress.

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