§ 309. Duress.
142 words·~1 min read·
/pa/title-18/chapter-3/309A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 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.
18c309v
Cross References. Section 309 is referred to in section 9711 of Title 42 (Judiciary and Judicial Procedure).
18c310s