CRIMINAL LAWAND PROCEDURE
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35-41-3-8. Duress.
(a) It is a defense that the person who engaged
in the prohibited conduct was compelled to do so
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 person
who engaged in the prohibited conduct was com-
pelled to do so by force or threat of force.
Compulsion under this section exists only if the
force, threat, or circumstances are such as would
render a person of reasonable firmness incapable
of resisting the pressure.
(b) This section does not apply to a person
who:
(1) Recklessly, knowingly, or intention-
ally placed himself in a situation in which
it was foreseeable that he would be sub-
jected to duress; or
(2) Committed an offense against the per-
son as defined in IC 35-42.
35-41-3-9. Entrapment.
(a) It is a defense that:
(1) The prohibited conduct of the person
was the product of a law enforcement offi-
cer, or his agent, using persuasion or other
means likely to cause the person to engage
in the conduct; and
(2) The person was not predisposed to
commit the offense.
(b) Conduct merely affording a person an
opportunity to commit the offense does not con-
stitute entrapment.
35-41-3-10. Abandonment.
With respect to a charge under IC 35-41-2-4,
IC 35-41-5-1, or IC 35-41-5-2, it is a defense that
the person who engaged in the prohibited conduct
voluntarily abandoned his effort to commit the
underlying crime and voluntarily prevented its
commission.
35-41-3-11. Effects of battery.
(a) As used in this section, “defendant” refers
to an individual charged with any crime involv-
ing the use of force against a person.
(b) This section applies under the following
circumstances when the defendant in a prosecu-
tion raises the issue that the defendant was at the
time of the alleged crime suffering from the effects
of battery as a result of the past course of conduct
of the individual who is the victim of the alleged
crime:
(1) The defendant raises the issue that the
defendant was not responsible as a result
of mental disease or defect under section
6 of this chapter, rendering the defendant
unable to appreciate the wrongfulness of
the conduct at the time of the crime.
(2) The defendant claims to have used jus-
tifiable reasonable force under section 2 of
this chapter. The defendant has the burden
of going forward to produce evidence from
which a trier of fact could find support
for the reasonableness of the defendant’s
belief in the imminence of the use of
unlawful force or, when deadly force is
employed, the imminence of serious bod-
ily injury to the defendant or a third per-
son or the commission of a forcible felony.
(c) If a defendant proposes to claim the use of
justifiable reasonable force under subsection
(b)(2), the defendant must file a written motion of
that intent with the trial court no later than:
(1) twenty (20) days if the defendant is
charged with a felony; or
(2) ten (10) days if the defendant is charged
only with one (1) or more misdemeanors;
before the omnibus date. However, in the inter-
est of justice and upon a showing of good cause,
the court may permit the filing to be made at any
time before the commencement of the trial.
(d) The introduction of any expert testimony
under this section shall be in accordance with the
Indiana Rules of Evidence.
Chapter 4. Standard of Proof;
Bars to Prosecution.
35-41-4-0.1. Application of amendments.
35-41-4-1.
Standard of proof; insanity defense.
35-41-4-2.
Periods of limitation.
35-41-4-3.
Prosecution barred for same offense.
35-41-4-4.
Prosecution barred for different offense.
35-41-4-5.
Former prosecution in another jurisdiction
a bar.
35-41-4-6.
Invalid or fraudulently procured prosecution.
35-41-4-0.1. Application of amendments.
