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JustiaU.S. LawU.S. Codes and StatutesNew York Laws2024 New York LawsPEN – PenalPart 1 – General ProvisionsTitle C – DefensesArticle 40 – Other Defenses Involving Lack of Culpability › 40.00 – Duress.

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2024 New York Laws
PEN – Penal
Part 1 – General Provisions
Title C – Defenses
Article 40 – Other Defenses Involving Lack of Culpability
40.00 – Duress.

Universal Citation:

NY Penal L § 40.00 (2024)

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§ 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.

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