9A.16.060 - Duress.

Duress.

(1) In any prosecution for a crime, it is a defense that:

     (a) The actor participated in the crime under compulsion by another who by threat or use of force created an apprehension in the mind of the actor that in case of refusal he or she or another would be liable to immediate death or immediate grievous bodily injury; and

     (b) That such apprehension was reasonable upon the part of the actor; and

     (c) That the actor would not have participated in the crime except for the duress involved.

     (2) The defense of duress is not available if the crime charged is murder, manslaughter, or homicide by abuse.

     (3) The defense of duress is not available if the actor intentionally or recklessly places himself or herself in a situation in which it is probable that he or she will be subject to duress.

     (4) The defense of duress is not established solely by a showing that a married person acted on the command of his or her spouse.

[1999 c 60 § 1; 1975 1st ex.s. c 260 § 9A.16.060.]