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New York · Through 2026-09-11

N.Y. Penal Law § 40.00: Duress

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Where this section sits in the code
  1. Penal Law
  2. Part 1. General Provisions
  3. Title C. Defenses
  4. Article 40. Other Defenses Involving Lack of Culpability

§ 40.00 Duress.

1. In any prosecution for an offense, it is an affirmative defense

that the defendant engaged in the proscribed conduct because he was

coerced to do so by the use or threatened imminent use of unlawful

physical force upon him or a third person, which force or threatened

force a person of reasonable firmness in his situation would have been

unable to resist.

2. The defense of duress as defined in subdivision one of this section

is not available when a person intentionally or recklessly places

himself in a situation in which it is probable that he will be subjected

to duress.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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