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Duress - 18 Pa. Cons. Stat. § 309Legal Research Home > Pennsylvania Statutes Sponsored Links
§ 309. Duress.
(a) General rule.--It is a defense that the actor engaged in
the conduct charged to constitute an offense because he was
coerced to do so by the use of, 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.
(b) Exception.--The defense provided by subsection (a) of
this section is unavailable if the actor recklessly placed
himself in a situation in which it was probable that he would be
subjected to duress. The defense is also unavailable if he was
negligent in placing himself in such a situation, whenever
negligence suffices to establish culpability for the offense
charged.
Cross References. Section 309 is referred to in section 9711
of Title 42 (Judiciary and Judicial Procedure).
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Last modified: November 27, 2007 |