OUJI-CR 8-21


A person is not entitled to the defense of duress if he/she fails to use a reasonably safe opportunity to escape from the imminent danger of death or great bodily harm.

Committee Comments

No Oklahoma statutes or cases set forth the above limitation on the defense of duress, but such limitation does exist in the common law interpretation of the defense. W. LaFave & A. Scott, Criminal Law § 49, at 378 (1972); R. Perkins, Criminal Law 954 (2d ed. 1969). This instruction should be given only when there is evidence that the defendant had an opportunity to escape.