Tennessee § 39-11-504 - Duress.

§ 39-11-504. Duress.

Duress is a defense to prosecution where the person or a third person is threatened with harm that is present, imminent, impending and of such a nature to induce a well-grounded apprehension of death or serious bodily injury if the act is not done. The threatened harm must be continuous throughout the time the act is being committed, and must be one from which the person cannot withdraw in safety. Further, the desirability and urgency of avoiding the harm must clearly outweigh the harm sought to be prevented by the law proscribing the conduct, according to ordinary standards of reasonableness. This defense is unavailable to a person who intentionally, knowingly, or recklessly becomes involved in a situation in which it was probable that the person would be subjected to compulsion. Acts 1989, ch. 591, § 1. Sentencing Commission Comments. Consistent with existing Tennessee law and a long history of Anglo-American tradition, this section recognizes the defense of duress. This rare defense is present when a defendant commits an offense because another person threatens death or serious injury if the offense is not committed. The standard sufficient to excuse criminal conduct is that the compulsion must be immediate and imminently present and of such nature to produce a well-grounded fear of death or serious bodily harm. In addition, there must be no reasonable opportunity to escape the compulsion without committing an offense. See State v. Robinson, 622 S.W.2d 62 (Tenn. Crim. App. 1980). Subsection (b) retains the view that this defense is unavailable to people who recklessly place themselves in a situation where compulsion was probable. See United States v. Campbell, 675 F.2d 815 (6th Cir. 1982), cert. denied, 459 U.S. 850 (1984). Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Cross-References. Mental states, §§ 39-11-106 , 39-11-301 , 39-11-302 . Law Reviews. The Prevalence and Use of Criminal Defenses: A Preliminary Study (Neil P. Cohen, Michael G. Johnson, Tracy B. Henley), 60 Tenn. L. Rev. 957 (1993).