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:
- The defendant reasonably believed a danger or emergency existed which was not intentionally caused by him.
- The danger or emergency threatened significant harm to himself or third person.
- The threatened harm was real, eminent and impending.
- 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.