Plain-Language Summary

Pennsylvania law recognizes duress as a defense when a person commits an offense due to coercion by unlawful force or threats, provided they could not resist. However, this defense is unavailable if the individual recklessly or negligently placed themselves in such a situation. Additionally, following military orders can be a defense if the order was lawful and the individual did not know or could not reasonably know it was unlawful.

Frequently Asked Questions

Duress is when a person commits a crime because they were coerced by threats or unlawful force they could not resist, and the threat was from a person of reasonable firmness.

No, the duress defense is not available if you recklessly or negligently placed yourself in a situation where duress was likely.

Yes, if you were executing a lawful order from a superior and did not know or could not reasonably know the order was unlawful.

Yes, if you recklessly or negligently created the situation that led to duress, the defense is not available.