MODEL PENAL CODE ANNOTATED

UNITED STATES RULES FOR COURTS-MARTIAL


Rule 916. Defenses

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(d) Obedience to orders.  It is a defense to any offense that the accused was acting pursuant to orders unless the accused knew the orders to be unlawful or a person of ordinary sense and understanding would have known the orders to be unlawful.

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(h) Coercion or duress.  It is a defense to any offense except killing an innocent person that the accused's participation in the offense was caused by a reasonable apprehension that the accused or another innocent person would be immediately killed or would immediately suffer serious bodily injury if the accused did not commit the act.  The apprehension must reasonably continue throughout the commission of the act.  If the accused has any reasonable opportunity to avoid committing the act without subjecting the accused or another innocent person to the harm threatened, this defense shall not apply.

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