IN IJA 10.1600. Duress.

IN IJA 10.1600. Duress.

State: Jury Instruction Number:

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.