New Jersey Statutes
N.J. Stat. § 2C:2-9 (2026)
Duress
✓ current as of May 2026
a. Subject to subsection b. of this section, it is an affirmative defense that the actor engaged in the conduct charged to constitute an offense because he was coerced to do so by the use of, or a threat to use, unlawful force against his person or the person of another, which a person of reasonable firmness in his situation would have been unable to resist.
b. The defense provided by this section is unavailable if the actor recklessly placed himself in a situation in which it was probable that he would be subjected to duress. The defense is also unavailable if he was criminally negligent in placing himself in such a situation, whenever criminal negligence suffices to establish culpability for the offense charged. In a prosecution for murder, the defense is only available to reduce the degree of the crime to manslaughter.
c. It is not a defense that a woman acted on the command of her husband, unless she acted under such coercion as would establish a defense under this section. The presumption that a woman, acting in the presence of her husband, is coerced is abolished.
Notes of Decisions
Cited in 23
cases (10 in the last 5 years), 1977–2025 · leading case: State v. Toscano, 378 A.2d 755 (N.J. 1977).
State v. Toscano, 378 A.2d 755 (N.J. 1977). “31 (1958); New Jersey Model Penal Code § 2C:2-9, Commentary at 71 (1971).] Thus, they proposed that a court limit its consideration to an accused's "situation" to "stark, tangible factors which differentiate the actor from another, like his size or strength or age or health,"…”
Commonwealth v. Vasquez, 971 N.E.2d 783 (Mass. 2012). “20(3) (2011); N.J. Stat. Ann. § 2C:2-9 (West 2005); Wis.”
State v. Cooper, 510 A.2d 681 (N.J. Super. Ct. App. Div. 1986). “The first prosecution resulted in an acquittal or in a conviction, or in an improper termination as defined in section 2C:2-9 and the subsequent prosecution is based on the same conduct, unless (1) the offense of which the defendant was formerly convicted or acquitted and the…”
State v. B.H., 834 A.2d 1063 (N.J. Super. Ct. App. Div. 2003). “N.J.S.A. 2C:2-9 provides, in relevant part: a.”
State of New Jersey v. Clive Hinds (11-02-0440, Camden Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2022). “Model Jury Charges (Criminal), "Duress" (N.J.S.A. 2C:2-9) (approved May 5, 1982). "A jury charge is presumed to be proper when it tracks the model jury charge verbatim because the process to adopt model jury charges is 'comprehensive and thorough.”
State of New Jersey Vs. Michelle Paden- Battle (15-03-0584, Essex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020). “" In this appeal, defendant argues that: (1) the judge's instructions on the kidnapping charge were erroneous and that she was prejudiced by the judge's A-1320-17T4 2 repeated reference in his jury charge to other participants as defendant's "kidnapping co-conspirators"; (2) the…”
State of New Jersey Vs. Rashawn Bond(10-03-0288, Union Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017). “" N.J.S.A. 2C:2-9, "Duress," provides in relevant part: (a).”
State of New Jersey Vs. Latonia E. Bellamy (11-03-0348, Hudson Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017). “] N.J.S.A. 2C:2-9, defines duress as: an affirmative defense that the actor engaged in the conduct charged to constitute an offense because he was coerced to do so by the use of, or a threat to use, unlawful force against his person or the person of another, which a person of…”
State of New Jersey Vs. Alec P. Desando (14-02-0116, Union Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). “The judge noted that to establish a duress defense under N.J.S.A. 2C:2-9(a), defendant had to show that "he was coerced" to A-2711-17T2 11 engage in criminal conduct "by the use of, or a threat to use, unlawful force against his person or the person of another, which a person of…”
State of New Jersey Vs. Wayne J. Johnson, Jr. (13-06-1855, Camden Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). “See N.J.S.A. 2C:2-9(a). At the conclusion of trial, the court dismissed the two counts of the indictment charging robbery and conspiracy to commit robbery for insufficient evidence.”
State of New Jersey Vs. Troy Bunero (14-02-0010, Hudson Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021). “The State objected to the trial judge's sua sponte ruling to instruct the jury on the affirmative defense of duress, N.J.S.A. 2C:2-9(a). The judge denied the State's request to stay the trial pending its emergent motion to file an interlocutory appeal.”
State of New Jersey Vs. Jamell D. Scott State of New Jersey Vs. Lee C. Reeves State of New Jersey Vs. Tyleek J. Baker (06-05-0869 & 09-01-0109, Ocean & Monmouth Counties & Statewide) (Consol.) (N.J. Super. Ct. App. Div. 2019). “3:12-1 (requiring a defendant to notify the State "[n]o later than seven days before the Initial Case Disposition Conference" if asserting the defense of duress under N.J.S.A. 2C:2-9(a)). The State suggested Reeves make a proffer to the court in support of this defense to…”
— N.J. Stat. § 2C:2-9(a) — 9 cases
State of New Jersey Vs. Wayne J. Johnson, Jr. (13-06-1855, Camden Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). “See N.J.S.A. 2C:2-9(a). At the conclusion of trial, the court dismissed the two counts of the indictment charging robbery and conspiracy to commit robbery for insufficient evidence.”
State of New Jersey Vs. Troy Bunero (14-02-0010, Hudson Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021). “The State objected to the trial judge's sua sponte ruling to instruct the jury on the affirmative defense of duress, N.J.S.A. 2C:2-9(a). The judge denied the State's request to stay the trial pending its emergent motion to file an interlocutory appeal.”
State of New Jersey Vs. Jamell D. Scott State of New Jersey Vs. Lee C. Reeves State of New Jersey Vs. Tyleek J. Baker (06-05-0869 & 09-01-0109, Ocean & Monmouth Counties & Statewide) (Consol.) (N.J. Super. Ct. App. Div. 2019). “3:12-1 (requiring a defendant to notify the State "[n]o later than seven days before the Initial Case Disposition Conference" if asserting the defense of duress under N.J.S.A. 2C:2-9(a)). The State suggested Reeves make a proffer to the court in support of this defense to…”
State of New Jersey Vs. Alec P. Desando (14-02-0116, Union Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). “The judge noted that to establish a duress defense under N.J.S.A. 2C:2-9(a), defendant had to show that "he was coerced" to A-2711-17T2 11 engage in criminal conduct "by the use of, or a threat to use, unlawful force against his person or the person of another, which a person of…”
State of New Jersey Vs. Gerardo Gomez (08-09-2688, Essex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019).
— N.J. Stat. § 2C:2-9(b) — 3 cases
State of New Jersey Vs. Alec P. Desando (14-02-0116, Union Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). “The judge noted that to establish a duress defense under N.J.S.A. 2C:2-9(a), defendant had to show that "he was coerced" to A-2711-17T2 11 engage in criminal conduct "by the use of, or a threat to use, unlawful force against his person or the person of another, which a person of…”
State of New Jersey v. Carlos I. Menjivar (15-05-0762, Monmouth Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2022).
State of New Jersey v. Clive Hinds (11-02-0440, Camden Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2022). “Model Jury Charges (Criminal), "Duress" (N.J.S.A. 2C:2-9) (approved May 5, 1982). "A jury charge is presumed to be proper when it tracks the model jury charge verbatim because the process to adopt model jury charges is 'comprehensive and thorough.”
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