2C:2-9. Duress.
a. Subject to
subsection b. of this section, it is an affirmative 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. The defense provided by 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 criminally negligent in placing himself in such a situation,
whenever criminal negligence suffices to establish culpability for the
offense charged. In a prosecution for murder, the defense is only
available to reduce the degree of the crime to manslaughter.
c. It is not a defense that a woman acted on the command of her
husband, unless she acted under such coercion as would establish a
defense under this section. The presumption that a woman, acting in the
presence of her husband, is coerced is abolished.
L.1978, c. 95, s. 2C:2-9, eff. Sept. 1, 1979.