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SAN ANDREAS STATE LEGISLATURE

LEGISLATION INDEX

NECESSITY & DURESS CLAUSE

1101.) Any person who commits an offense out of necessity to protect themselves or another from significant bodily harm, without adequate legal alternative and did not create a greater danger through their actions will be absolved of criminal liability for the offense deemed to be committed as a necessity to prevent greater harm. This does not apply for cases pertaining to gang on gang violence nor any cases where the party claiming the defense was put at risk of immediate danger through their own actions with criminal accountability.

 

1102.) Any person who commits any offense in response to immediate threats to kill from a third party and does so in order to negate those threats cannot be found to have had the required criminal intent with which to be held liable for an offense.







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