Minn. Stat. » CHAPTER 609. CRIMINAL CODE
Minnesota Statutes

Minn. Stat. § 609.08 (2026)

Duress

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1981–2022 · leading case: State v. Caine, 746 N.W.2d 339 (Minn. 2008).
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State v. Caine, 746 N.W.2d 339 (Minn. 2008). · cites it 8× “Jury instructions and verdict At trial, Caine asserted the defense of duress and requested a jury instruction on duress under Minn.Stat. § 609.08 (2006). He also requested an instruction on heat-of-passion first-degree manslaughter under Minn.”
State v. McKown, 475 N.W.2d 63 (Minn. 1991). · cites it 4× “, Minn.Stat. § 609.08 (1988) (duress)]. Rather, defendants rely on what they characterize as an exception to the statute which makes it a gross misdemeanor to willfully deprive a child of various enumerated necessities, including "health care," if the deprivation "substantially…”
State v. Charlton, 338 N.W.2d 26 (Minn. 1983). · cites it 4× “It also instructed that duress, Minn.Stat. § 609.08 (1982), 4 is an affirmative defense which appellant has the burden of proving by a fair preponderance of the evidence.”
State v. Pendleton, 759 N.W.2d 900 (Minn. 2009). “Minnesota Statutes § 609.08 (2008) requires that there be a reasonable apprehension of instant death in order to find duress.”
Commonwealth v. Vasquez, 971 N.E.2d 783 (Mass. 2012). “See Minn. Stat. Ann. §§ 609.08 , 609.20(3) (2011); N.”
Commonwealth v. Robinson, 415 N.E.2d 805 (Mass. 1981). “Additionally, the following statutes allow duress to reduce a murder charge to manslaughter: Minn. Stat. Ann. §§ 609.08 , 609.20(3) (West 1964).”
State v. Yang, 644 N.W.2d 808 (Minn. 2002). · cites it 2× “1979); see also Minn.Stat. § 609.08 (2000) (requiring threats creating “a reasonable apprehension * * * that [the] participator is liable to instant death”).”
People of Michigan v. Theresa Marie Gafken (Mich. 2022). “090 (allowing duress as a defense to all crimes except “intentional homicide”); Me Stat, tit 17-A, § 103-A (excluding homicides that are committed “intentionally or knowingly” from the duress defense); Minn Stat 609.08 and Minn Stat 609.20(3) (providing that a successful duress…”
People of Michigan v. Theresa Marie Gafken (Mich. 2022). “090 (allowing duress as a defense to all crimes except “intentional homicide”); Me Stat, tit 17-A, § 103-A (excluding homicides that are committed “intentionally or knowingly” from the duress defense); Minn Stat 609.08 and Minn Stat 609.20(3) (providing that a successful duress…”
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