Indiana Statutes
§ 35-41-3-8 — Duress
Indiana § 35-41-3-8
This text of Indiana § 35-41-3-8 (Duress) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Ind. Code § 35-41-3-8 (2026).
Text
(a)It is a defense that the person who engaged
in the prohibited conduct was compelled to do so by threat of imminent
serious bodily injury to himself or another person. With respect to
offenses other than felonies, it is a defense that the person who engaged
in the prohibited conduct was compelled to do so by force or threat of
force. Compulsion under this section exists only if the force, threat, or
circumstances are such as would render a person of reasonable
firmness incapable of resisting the pressure.
(b)This section does not apply to a person who:
(1)recklessly, knowingly, or intentionally placed himself in a
situation in which it was foreseeable that he would be subjected
to duress; or
(2)committed an offense against the person as defined in IC 35-42.
As added by Acts 1976, P.L
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Related
Tobar v. State
740 N.E.2d 109 (Indiana Supreme Court, 2000)
Sanders v. State
466 N.E.2d 424 (Indiana Supreme Court, 1984)
Wilson v. Isaacs
929 N.E.2d 200 (Indiana Supreme Court, 2010)
George Moss v. State of Indiana
13 N.E.3d 440 (Indiana Court of Appeals, 2014)
Pine v. State
408 N.E.2d 1271 (Indiana Supreme Court, 1980)
Parker v. State
567 N.E.2d 105 (Indiana Court of Appeals, 1991)
Tom v. Voida
654 N.E.2d 776 (Indiana Court of Appeals, 1995)
Murrell v. State
960 N.E.2d 854 (Indiana Court of Appeals, 2012)
Kee v. State
438 N.E.2d 993 (Indiana Supreme Court, 1982)
Steven Bethel v. State of Indiana
110 N.E.3d 444 (Indiana Court of Appeals, 2018)
Armand v. State
474 N.E.2d 1002 (Indiana Supreme Court, 1985)
Hensley v. State
583 N.E.2d 758 (Indiana Court of Appeals, 1991)
Adcock v. State
421 N.E.2d 723 (Indiana Court of Appeals, 1981)
Early v. State
482 N.E.2d 256 (Indiana Supreme Court, 1985)
Moore v. State
697 N.E.2d 1268 (Indiana Court of Appeals, 1998)
Riley M. Randall v. State of Indiana
115 N.E.3d 526 (Indiana Court of Appeals, 2018)
Nichols v. State
683 N.E.2d 1358 (Indiana Court of Appeals, 1997)
Gerardo Hurtado v. State of Indiana (mem. dec.)
(Indiana Court of Appeals, 2020)
Cody A. German v. State of Indiana (mem. dec.)
(Indiana Court of Appeals, 2015)
Kelly S. Craig v. State of Indiana
(Indiana Court of Appeals, 2013)
Nearby Sections
15
§ 35-31.5-1-1
Applicability§ 35-31.5-2-1
"Abandon"§ 35-31.5-2-1.5
"Abuse"§ 35-31.5-2-1.7
"Abusive head trauma"§ 35-31.5-2-10
"Advisory sentence"§ 35-31.5-2-10.5
"Affiant"§ 35-31.5-2-100
"Distribute"§ 35-31.5-2-101
"Distributor"§ 35-31.5-2-102
"Documentary material"§ 35-31.5-2-103
"Domestic animal"§ 35-31.5-2-104
"Drug"§ 35-31.5-2-105
"Drug abuser"§ 35-31.5-2-105.5
"Drug crime"§ 35-31.5-2-106
"Drug or alcohol screening test"§ 35-31.5-2-107
"Dwelling"Cite This Page — Counsel Stack
Bluebook (online)
Indiana § 35-41-3-8, Counsel Stack Legal Research, https://law.counselstack.com/statute/in/35-41-3-8.