Title V. Penal Code

Chapter 3. Defences.

§ 302. Duress.

    1.    It is an affirmative defence that the defendant engaged in the conduct charged to constitute a crime because he was coerced to do so by the use of unlawful force or a threat to use unlawful force against his person or the person of another, which a person of reasonable firmness in his situation would have been unable to resist.

    2.    The defence of duress is unavailable if the defendant recklessly placed himself in a situation in which it was probable that he would be subjected to duress.

    3.    The defence of duress is unavailable if the defendant was negligent in placing himself in such a situation whenever negligence suffices to establish liability for the crime charged.

    4.    It is not a defence that a person acted on the command of his spouse, unless he acted under such coercion as would otherwise establish a defence of duress.

Chapter 3                 § 301                 § 303