The exercise of free will is essential to the commission of a criminal act. In certain limited circumstances, a person may be justified in the commission of an otherwise criminal offense because of duress, where the defendant did not act with free will. A criminal act is committed under duress only in the following circumstances:
- The defendant received a present, immediate and impending threat of such a nature as to induce in the defendant a well-founded fear that imminent death or serious bodily injury would be inflicted on the defendant or another person if the criminal act is not done.
- The defendant had no reasonable opportunity to avoid the danger.
- The situation was such that neither the defendant nor any other person of reasonable firmness could have acted otherwise. In considering whether an act has been committed under duress, you may take into account the relationship between the defendant and the person who was allegedly threatened. Where the issue of duress is raised, the Commonwealth has the burden of proving beyond a reasonable doubt that the defendant did not commit the act while under duress.