Duress or necessity

It is a defense to a crime if the defendant acted out of duress or necessity.

 

That means all of the following have to be proven by the defendant:

 

1. The defendant reasonably believed a danger or emergency existed which was not intentionally caused by him.

 

2. The danger or emergency threatened significant harm to himself or third person.

 

3. The threatened harm was real, eminent and impending.

 

4. The defendant had no reasonable means to avoid the danger or emergency except by committing the crime.

 

The threat of a future harm is not sufficient to prove this defense.

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