SEQ CHAPTER \h \r 1CR07-503 06/18/03

DURESS

(Def)_______________ is charged with the crime of _______________.  There is evidence that [his] [her] actions were the result of threats or duress.  The State must have proven, beyond a reasonable doubt, that (Def)_______________’s actions were a product of [his] [her] free will, and not the product of duress.  If the State has not met this burden of proof, then you must find (Def)_______________ not guilty.

Duress is defined as unlawful threats or influence exercised upon a person whereby [he] [she] is forced to do [an act] [acts] that [he] [she] otherwise would not do.

(Def)_______________ is not guilty of any crime if [he] [she] engaged in criminal conduct under the following circumstances:

(1) (Def)_______________ actually believed that immediate death or serious bodily injury would be caused to [himself] [herself] or to another person; and

(2) the threats could not be avoided without great danger unless (Def)_______________ did the alleged criminal acts.

If, after you consider all of the evidence, you have a reasonable doubt as to whether (Def)_______________’s acts were a product of [his] [her] own free will, you must find [him] [her] not guilty.  However, if the State has proven all of the essential elements beyond a reasonable doubt, and if the State has also proven beyond a reasonable doubt that (Def)_______________’s acts were not the product of duress, then you must find [him] [her] guilty.