§ 13A-3-30 — Duress

Alabama § 13A-3-30

• Jurisdiction: Alabama
• Title 13A: Criminal Code
• Ch. 3: Defenses
• Art. 2: Justification and Excuse

Text

(a) It is a defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by the threat of imminent death or serious physical injury to himself or another.
(b) The defense provided by this section is unavailable if the actor intentionally or 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 negligent in placing himself in such a situation, whenever negligence suffices to establish culpability for the offense charged.
(c) It is no defense that a person acted at the command or persuasion of his or her spouse, unless such compulsion would establish a defense under this section. The presumption that a woman is subject to compulsion when acting in the presence of her husband is abolished.
(d) The defense provided by this section is unavailable in a prosecution for:
(1) murder; or
(2) any killing of another under aggravated circumstances, as provided by Article 2 of Chapter 5 of this title.

Legislative History

(Acts 1977, No. 607, p. 812, §645; Acts 1979, No. 79-664, p. 1163, §1.)