Turtle Mountain Band of Chippewa Indians of North Dakota - Tribal Law

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Turtle Mountain Band of Chippewa Indians Tribal Code.

26.05.100 Duress

(a) It is an affirmative defense that the person engaged in the conduct because he was compelled to do so by force or threat of force. Compulsion within the meaning of this section exists only if the force, threat, or circumstances are such as would render a person of reasonable firmness incapable of resisting the pressure.

(b) The defense defined in this section is not available to a person who, by voluntarily entering into a criminal enterprise, or otherwise, willfully placed himself in a situation in which it was foreseeable that he was negligent in placing himself in such a situation, whenever negligence suffices to establish culpability for the offense charged.

Original url: /us/nsn/tmchippewa/council/code/26.05.100

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