2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 3 - Defenses to Criminal Prosecutions
Article 2 - Justification and Excuse
§ 16-3-26. Coercion

Universal Citation: GA Code § 16-3-26 (2021)

A person is not guilty of a crime, except murder, if the act upon which the supposed criminal liability is based is performed under such coercion that the person reasonably believes that performing the act is the only way to prevent his imminent death or great bodily injury.

(Laws 1833, Cobb's 1851 Digest, p. 780; Code 1863, § 4202; Code 1868, § 4238; Code 1873, § 4303; Code 1882, § 4303; Penal Code 1895, § 41; Penal Code 1910, § 41; Code 1933, § 26-402; Code 1933, § 26-906, enacted by Ga. L. 1968, p. 1249, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 21 Am. Jur. 2d, Criminal Law, § 137 et seq.

ALR.

- Effect of coverture upon the criminal responsibility of a woman, 4 A.L.R. 266; 71 A.L.R. 1116.

Coercion, compulsion, or duress as defense to criminal prosecution, 40 A.L.R.2d 908.

Coercion, compulsion, or duress as defense to charge of robbery, larceny, or related crime, 1 A.L.R.4th 481.

Coercion, compulsion, or duress as defense to charge of kidnapping, 69 A.L.R.4th 1005.

Defense of necessity, duress, or coercion in prosecution for violation of state narcotics laws, 1 A.L.R.5th 938.

Ineffective assistance of counsel: compulsion, duress, necessity, or "hostage syndrome" defense, 8 A.L.R.5th 713.

Duress, necessity, or conditions of confinement as justification for escape from prison, 54 A.L.R.5th 141.

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