New York statute
N.Y. Penal Law § 40.00 — Duress
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 40: Other Defenses Involving Lack of Culpability, New York Penal Law.
Full text of N.Y. Penal Law § 40.00
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
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.
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