Statute · New York Penal Law
N.Y. Penal Law § 40.00 — Duress
N.Y. Penal Law § 40.00
- Type
- Statute
- Source
- New York Penal Law
- Jurisdiction
- New York
- Current through
- Nov 4, 2026 (NY Senate Open Legislation)
§ 40.00 Duress.
Citator
N.Y. Penal Law § 40.00 — Duress is in force in the current edition of the Code, and nothing recorded condemns it.
§ 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.