Tennessee Statutes

§ 39-11-504 — Duress

Tennessee § 39-11-504

This text of Tennessee § 39-11-504 (Duress) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tenn. Code Ann. § 39-11-504 (2026).

Text

(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 subj

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Related

State v. Ostein
293 S.W.3d 519 (Tennessee Supreme Court, 2009)
108 case citations
State v. Culp
900 S.W.2d 707 (Court of Criminal Appeals of Tennessee, 1994)
39 case citations
State of Tennessee v. Javon Webster
81 S.W.3d 244 (Court of Criminal Appeals of Tennessee, 2002)
14 case citations
Evans v. Hutchinson
(E.D. Tennessee, 2019)
Hendricks v. Lindamood
(E.D. Tennessee, 2019)
State of Tennessee v. Allen Craft and Cedric Mims
(Court of Criminal Appeals of Tennessee, 2014)
State of Tennessee v. Billy Rapier
(Court of Criminal Appeals of Tennessee, 2014)
Marquis D. Hendricks v. State of Tennessee
(Court of Criminal Appeals of Tennessee, 2017)
State of Tennessee v. Leon Denton and Devan Denton
(Court of Criminal Appeals of Tennessee, 2017)
State of Tennessee v. Joshua Hunter Bargery
(Court of Criminal Appeals of Tennessee, 2017)
State of Tennessee v. Derius Pettis
(Court of Criminal Appeals of Tennessee, 2019)
State of Tennessee v. Brandon E. Banks
(Court of Criminal Appeals of Tennessee, 2019)
State of Tennessee v. Brandon Cole-Pugh
(Tennessee Supreme Court, 2019)
State of Tennessee v. Jason C. Polston
(Court of Criminal Appeals of Tennessee, 2004)
State v. Cowart
(Court of Criminal Appeals of Tennessee, 2010)
Cedric Mims v. State of Tennessee
(Court of Criminal Appeals of Tennessee, 2017)
State of Tennessee v. Jamaal L. Byrd
(Court of Criminal Appeals of Tennessee, 2014)
In Re: R.C.P.
(Court of Appeals of Tennessee, 2004)
State of Tennessee v. Rodney Lee Scott
(Court of Criminal Appeals of Tennessee, 2017)
Jeffrey Walton v. State of Tennessee
(Court of Criminal Appeals of Tennessee, 2017)

Legislative History

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

Nearby Sections

15
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Bluebook (online)
Tennessee § 39-11-504, Counsel Stack Legal Research, https://law.counselstack.com/statute/tn/39-11-504.