• 1985 - Affirmative Defense (Criminal Coercion)
  • K-8.45
    • Criminal Coercion
    • Threats
    • Other Personal Crimes
    • Other Personal Crimes

  • It is an affirmative defense to a prosecution for Criminal Coercion that the Defendant believed, whether or not mistakenly, that:

     

    1) the primary purpose of the threat was to cause behavior that promotes the best interest of the threatened person; or

     

    2) a purpose of the threat was to cause the threatened person to [desist from misbehavior] [engage in behavior mandated by law] [make good a wrong] [or] [refrain from taking any unqualified action or responsibility].


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    • 12.1-01-03(3)
    • 12.1-27-06(2)
  • Notes: An affirmative defense must be proved by the Defendant by a preponderance of the evidence. NDCC 12.1-01-03(3). Use NDJI K - 4.30, Affirmative Defense - Burden of Proof if this defense is asserted. (2007 - reviewed with no changes)