Section 3414 | CALCRIM (Jury Instructions)

performed or provided by a person and are obtained or maintained
through force, fraud, duress, or coercion, or equivalent conduct that
would reasonably overbear the will of the person.]
[Duress means a direct or implied threat of force, violence, danger,
hardship, or retribution that is enough to cause a reasonable person to
do [or submit to] something that he or she would not otherwise do [or
submit to].]
[Duress includes (a direct or implied threat to destroy, conceal, remove,
confiscate, or possess any actual or purported passport or immigration
document of the other person/ [or] knowingly destroying, concealing,
removing, confiscating, or possessing any actual or purported passport or
immigration document of the other person).]
[Violence means using physical force that is greater than the force
reasonably necessary to restrain someone.]
[Menace means a verbal or physical threat of harm[, including use of a
deadly weapon]. The threat of harm may be express or implied.]
[Coercion includes any scheme, plan, or pattern intended to cause a
person to believe that failing to perform an act would result in (serious
harm to or physical restraint against someone else/ [or] the abuse or
threatened abuse of the legal process/ [or] debt bondage/ [or] providing
or facilitating the possession of any controlled substance to impair the
other person’s judgment).]
[When you decide whether the other person (used duress/ [or] used
coercion/ [or] deprived the defendant of personal liberty or violated the
defendant’s personal liberty), consider all of the circumstances, including
the age of the defendant, (his/her) relationship to the other person [or
the other person’s agent[s]], and the defendant’s handicap or disability, if
any.]
The defendant has the burden of proving each element of this defense by
a preponderance of the evidence. This is a different standard of proof
than proof beyond a reasonable doubt. To meet the burden of proof by a
preponderance of the evidence, the defendant must prove that it is more
likely than not that each element of the defense is true. If the defendant
has not met this burden, (he/she) has not proved this defense.
New September 2017; Revised March 2022
BENCH NOTES
Instructional Duty
The court must instruct on a defense when the defendant requests it and there is
substantial evidence supporting the defense. The court has a sua sponte duty to
CALCRIM No. 3414
DEFENSES AND INSANITY
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