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Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 562

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  562.071.  Duress. — 1.  It is an affirmative defense that the defendant engaged in the conduct charged to constitute an offense because he or she was coerced to do so, by the use of, or threatened imminent use of, unlawful physical force upon him or her 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 subsection 1 is not available:

  (1)  As to the crime of murder;

  (2)  As to any offense when the defendant recklessly places himself or herself in a situation in which it is probable that he or she will be subjected to the force or threatened force described in subsection 1 of this section.

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(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17

(1984) Duress is not available as a defense to first degree felony murder. State v. Rumble (Mo. banc), 680 S.W.2d 939.


---- end of effective   01 Jan 2017 ----

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