2025 Session Last amended: 1986 session

§ 609.08 — Duress

Plain-Language Summary

Defines the defense of duress in Minnesota criminal law. A person who participates in a crime only because another person threatened them with immediate death may be excused from criminal liability. This defense does not apply to manslaughter charges.

609.08 DURESS.

Except as provided in section 609.20, clause (3), when any crime is committed or participated in by two or more persons, any one of whom participates only under compulsion by another engaged therein, who by threats creates a reasonable apprehension in the mind of such participator that in case of refusal that participator is liable to instant death, such threats and apprehension constitute duress which will excuse such participator from criminal liability.

History:

1963 c 753 art 1 s 609.08; 1986 c 444

History: History: 1963 c 753 art 1 s 609.08; 1986 c 444

Practical Notes

Duress is a very narrow defense. It only applies when someone faced a reasonable fear of instant death if they refused to participate. Threats of future harm or harm short of death are not enough. This defense cannot be used in manslaughter cases under section 609.20.

Source: Minnesota Office of the Revisor of Statutes