☰ Revisor of Missouri

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 562

< > Effective - 01 Jan 1979, 2 histories, see footnote (history) bottom

  *562.071.  Until December 31, 2016 — Duress. — 1.  It is an affirmative defense that the defendant engaged in the conduct charged to constitute an offense because he was coerced to do so, by the use of, 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 subsection 1 is not available:

  (1)  As to the crime of murder;

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

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(L. 1977 S.B. 60)

Effective 1-01-79

*This section was amended by S.B. 491, 2014, effective 1-01-17.  Due to the delayed effective date, both versions of this section are printed here.


---- end of effective  01 Jan 1979 ----

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