18 Pa.C.S. § 309
This is the official text of 18 Pa.C.S. § 309, part of Pennsylvania’s Pa.C.S — part of the compiled statutory law of Pennsylvania, published by the state as "Pa.C.S." Browse the sections below, each linked to its official government source.
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Duress.
Official statutory text
(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).
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).
Status: in_force · Read it on the official government site
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