New Jersey Section 2C:2-9 – Duress

New Jersey’s Duress Law – An Overview for Regular Folks

Hey there! New Jersey’s duress law can be found in Section 2C:2-9 of the state’s criminal code. Basically, it says that if someone commits a crime because they were threatened or coerced, they can use that as a legal defense. The idea is that if you broke the law because someone had a gun to your head (or something like that), you shouldn’t be treated the same as someone who freely chose to commit a crime.

There’s a bunch of legal mumbo jumbo around exactly what counts as duress, but here’s a plain English take: If you commit a crime because you reasonably believed you or a loved one would be seriously harmed or killed if you didn’t, you can claim duress. The threat has to be immediate and you can’t have had a reasonable chance to escape. Your fear of harm has to outweigh the crime you committed. And you can’t use duress if you’re charged with murder or attempted murder, at least in NJ.

It’s a pretty high bar to prove duress. The Supreme Court has said the threat has to be almost immediate, constant, and life-threatening. You have to show you had no reasonable chance to escape. And the crime can’t be too severe – in NJ the law specifically says you can’t claim duress for murder. So while it’s a possible defense, it doesn’t always work.

Some other key things about New Jersey’s duress law:

• It applies to accomplices too – so if someone forced you to help them commit a crime, you could also claim duress
• The threat doesn’t have to come directly from the person who benefits from the crime
• The threat can be against you or certain family members
• The defense also applies in civil cases, not just criminal ones

Whew, that’s a quick n’ dirty look at duress in NJ! Let me know if you have any other questions.