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California legal term

Duress in California Criminal Law

Current through 2026 California legislative session

In California criminal law, “Duress” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the California criminal code.

What does “Duress” mean in California criminal law?

“Duress” includes a direct or implied threat of force, violence, danger, hardship, or retribution sufficient to cause a reasonable person to acquiesce in or perform an act which the person would otherwise not have submitted to or performed; a direct or implied threat to destroy, conceal, remove, confiscate, or possess an actual or purported passport or immigration document of the victim; or knowingly destroying, concealing, removing, confiscating, or possessing an actual or purported passport or immigration document of the victim. (Cal. Penal Code § 236.1)

Statutes defining or using this term

Related terms in the same statutes

This reference is informational and is not legal advice.