Indiana Pattern Jury Instructions – Criminal
CHAPTER 10 DEFENSES RELATING TO CULPABILITY (effective for crimes committed July 1, 2014 or after)

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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