Tenn. Code § 39-11-504

Current through Acts 2023-2024, ch. 800
Section 39-11-504 - Duress
(a) 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, serious bodily injury, or grave sexual abuse 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.
(b) 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.

T.C.A. § 39-11-504

Amended by 2021 Tenn. Acts, ch. 83, s 3, eff. 4/7/2021.
Acts 1989, ch. 591, § 1.