Missouri § 562.071 Duress.

Missouri Statutes

§ 562.071 — Duress.

Missouri § 562.071

Title XXXVIIICRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Ch. 562General Principles of Liability

This text of Missouri § 562.071 (Duress.) is published on Counsel Stack Legal Research, covering Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mo. Rev. Stat. § 562.071 (2026).

Text

1. It is an affirmative defense that the defendant engaged in the conduct charged to constitute an offense because he or she was coerced to do so, by the use of, or threatened imminent use of, unlawful physical force upon him or her 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 subsection 1 is not available:

(1)As to the crime of murder;

(2)As to any offense when the defendant recklessly places himself or herself in a situation in which it is probable that he or she will be subjected to the force or threatened force described in subsection 1 of this section.

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1. It is an affirmative defense that the defendant engaged in the conduct charged to constitute an offense because he or she was coerced to do so, by the use of, or threatened imminent use of, unlawful physical force upon him or her 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 subsection 1 is not available:

(1) As to the crime of murder;

(2) As to any offense when the defendant recklessly places himself or herself in a situation in which it is probable that he or she will be subjected to the force or threatened force described in subsection 1 of this section.

Legislative History

(L. 1977 S.B. 60, A.L. 2014 S.B. 491) Effective 1-01-17 (1984) Duress is not available as a defense to first degree felony murder. State v. Rumble (Mo. banc), 680 S.W.2d 939.