TCA 39-11-504
Duress
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What does this charge mean?
This is a legal defense (not a crime itself) that you can use in court to argue you should not be punished for committing a crime because someone threatened you with immediate serious harm or death, and the harm you were forced to prevent was worse than the harm the crime would cause. The threat must be happening right now (not just a future threat), must continue while you commit the act, and you must have no safe way to escape the situation. However, you cannot use this defense if you put yourself in a situation where you knew you'd likely face such threats.
Penalty Details
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Penalty SummaryClassification not specified
(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. (A) Aggravated rape, pursuant to §. See Tennessee Code 39-11-106Harm: means anything reasonably regarded as loss, disadvantage or injury, including harm to another person in whose welfare the person affected is interested. See Tennessee Code 39-11-106Person: includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof. See Tennessee Code 39-11-106(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 subjected to compulsion.
View on official sourceLast verified: Feb 25, 2026
Quick Facts
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TCA Section39-11-504