N.C.P.I.—Crim. 310.11

There is evidence in this case tending to show that the defendant

escaped only because of [duress] [necessity]. The burden of proving

duress or necessity as a defense to escape is upon the defendant. It

need not be proved beyond a reasonable doubt, but only to your

satisfaction. The defendant would not be guilty of escape if:

First, defendant reasonably believed that he was faced with [a

specific threat of death] [forcible sexual attack] [substantial bodily injury]

in the immediate future.

Second, defendant reasonably believed that there was no time for a

complaint to the authorities or there existed a history of futile complaints

which made any result from such complaints illusory.

Third, defendant reasonably believed that there was no time or

opportunity to resort to the courts.

Fourth, the defendant did not use force or violence toward prison

personnel or other innocent persons in the escape.

And Fifth, the defendant immediately reported to the proper

authorities when he attained a position of safety from the immediate

threat.

The defendant's assertion of [duress] [necessity] is a denial that

he has committed any crime. The burden remains on the State to prove

the defendant's guilt beyond a reasonable doubt.2