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Ordinance 1145-85
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Ordinance 1145-85
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3/3/2016 3:41:05 PM
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Ordinances
Ordinance Number
1145-85
Date
6/17/1985
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IM = = I MIIII N M U <br /> Section 23: Duress <br /> 1. In any prosecution for a crime, it is a defense that: <br /> a. The actor participated in the crime under compulsion by another who <br /> by threat or use of force created an apprehension in the mind of the <br /> actor that in case of refusal he or she or another would be liable to <br /> immediate death or immediate grievous bodily injury; and <br /> b. That such apprehension was reasonable upon the part of the actor; <br /> and <br /> c. That the actor would not have participated in the crime except for <br /> the duress involved. <br /> 2. The defense of duress is not available if the crime charged is murder or <br /> manslaughter. <br /> 3. The defense of duress is not available if the actor intentionally or recklessly <br /> places himself in a situation in which it is probable that he will be subject to <br /> duress. <br /> 4. The defense of duress is not established solely by a showing that a married <br /> person acted on the command of his or her spouse. <br /> -26- <br />
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