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Article 40 - NY Penal Law

OTHER DEFENSES INVOLVING LACK OF CULPABILITY

Section Description
40.00 Duress.
40.05 Entrapment.
40.10 Renunciation.
40.15 Mental disease or defect.
S 40.00 Duress.
  1. In any prosecution for an offense, it is an affirmative defense
that the defendant engaged in the proscribed conduct because he was
coerced to do so by the use or threatened imminent use of unlawful
physical force upon him or a third person, which force or threatened
force a person of reasonable firmness in his situation would have been
unable to resist.
  2. The defense of duress as defined in subdivision one of this section
is not available when a person intentionally or recklessly places
himself in a situation in which it is probable that he will be subjected
to duress.

S 40.05 Entrapment.
  In any prosecution for an offense, it is an affirmative defense that
the defendant engaged in the proscribed conduct because he was induced
or encouraged to do so by a public servant, or by a person acting in
cooperation with a public servant, seeking to obtain evidence against
him for purpose of criminal prosecution, and when the methods used to
obtain such evidence were such as to create a substantial risk that the
offense would be committed by a person not otherwise disposed to commit
it. Inducement or encouragement to commit an offense means active
inducement or encouragement. Conduct merely affording a person an
opportunity to commit an offense does not constitute entrapment.

S 40.10 Renunciation.
  1. In any prosecution for an offense, other than an attempt to commit
a crime, in which the defendant`s guilt depends upon his criminal
liability for the conduct of another person pursuant to section 20.00,
it is an affirmative defense that, under circumstances manifesting a
voluntary and complete renunciation of his criminal purpose, the
defendant withdrew from participation in such offense prior to the
commission thereof and made a substantial effort to prevent the
commission thereof.
  2. In any prosecution for criminal facilitation pursuant to article
one hundred fifteen, it is an affirmative defense that, prior to the
commission of the felony which he facilitated, the defendant made a
substantial effort to prevent the commission of such felony.
  3. In any prosecution pursuant to section 110.00 for an attempt to
commit a crime, it is an affirmative defense that, under circumstances
manifesting a voluntary and complete renunciation of his criminal
purpose, the defendant avoided the commission of the crime attempted by
abandoning his criminal effort and, if mere abandonment was insufficient
to accomplish such avoidance, by taking further and affirmative steps
which prevented the commission thereof.
  4. In any prosecution for criminal solicitation pursuant to article
one hundred or for conspiracy pursuant to article one hundred five in
which the crime solicited or the crime contemplated by the conspiracy
was not in fact committed, it is an affirmative defense that, under
circumstances manifesting a voluntary and complete renunciation of his
criminal purpose, the defendant prevented the commission of such crime.
  5. A renunciation is not "voluntary and complete" within the meaning
of this section if it is motivated in whole or in part by (a) a belief
that circumstances exist which increase the probability of detection or
apprehension of the defendant or another participant in the criminal
enterprise, or which render more difficult the accomplishment of the
criminal purpose, or (b) a decision to postpone the criminal conduct
until another time or to transfer the criminal effort to another victim
or another but similar objective.

S 40.15 Mental disease or defect.
  In any prosecution for an offense, it is an affirmative defense that
when the defendant engaged in the proscribed conduct, he lacked criminal
responsibility by reason of mental disease or defect. Such lack of
criminal responsibility means that at the time of such conduct, as a
result of mental disease or defect, he lacked substantial capacity to
know or appreciate either:
  1. The nature and consequences of such conduct; or
  2. That such conduct was wrong.

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