21-5206. Compulsion. (a) A person is not guilty of a crime other than murder or voluntary manslaughter by reason of conduct which such person performs under the compulsion or threat of the imminent infliction of death or great bodily harm, if such person reasonably believes that death or great bodily harm will be inflicted upon such person or upon such person's spouse, parent, child, brother or sister if such person does not perform such conduct.
(b) The defense provided by this section is not available to a person who intentionally or recklessly places such person's self in a situation in which such person will be subjected to compulsion or threat.
History: L. 2010, ch. 136, ยง 17; July 1, 2011.
Source or Prior Law:
21-3209.
CASE ANNOTATIONS
1. Doctrine of coercion or duress cannot be invoked as an excuse by a person who had a reasonable opportunity to avoid doing the act without undue exposure to death or serious bodily harm. State v. Hutto, 313 Kan. 741, 747, 490 P.3d 43 (2021).
2. A compulsion defense cannot be made if coercion or duress was not present, imminent and impending or if there was a reasonable opportunity to avoid doing the thing or to escape. State v. Lowry, 317 Kan. 89, 99, 524 P.3d 416 (2023).
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