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If Someone Is Forced to Commit a Crime, Can They Still Be Convicted?

1/31/2012

14 Comments

 
Question from a reader:  If person A threatens person B with the loss of B's job if B does not cut the brake line of C's car, who can be held liable for the crime?

The short answer is that, if B actually cuts the brake line, both A and B can be convicted.  That would at least be a vandalism charge, and possibly attempted murder, depending on the specific circumstances. 

B would be liable as the direct perpetrator, since he did the criminal act of cutting the brake line.  A would be liable as an aider and abettor or an accesory because he got B to do it.  (Although we usually think of an accessory as being less culpable than the direct perpetrator, that is not necessarily so, as this example demonstrates.)

That leads to the question, if B was basically forced to commit the crime, why would he still be criminally liable? 

There are only limited circumstances where the law allows someone to "get away with" committing a crime.  Generally, if someone is being threatened or forced to commit a crime, they would be expected to report it to the police.  That's true even if reporting the crime would have dire consequences, such as the loss of a job.   

There are some defenses where a person is basically forgiven for committing a crime.  However, the crime must be committed to prevent something worse from happening, and it must be the only real option.  Self-defense  or defense of others would be such a defense.

There are also the defenses of duress and necessity.  These defenses have strict requirements, and generally only permit someone to commit a crime if the crime would help prevent some bigger wrong, and if there was no other reasonable alternative. 

For example, if someone has planted a bomb and threatens to blow up a school if you do not rob a bank, and you have no way to notify authorities or get away, you would probably not be liable for the bank robbery. 

Being threatened with losting one's job would not qualify under any defense.

Note that in teh scenario above, A did not commit blackmail or extortion by threatening B's job to force B commit a crime like cutting a brake line.  Extortion involves threatening someone to force them to give you money or property (or to get a public officer to perform an official act).

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14 Comments
Chris
10/17/2014 03:34:18 am

Wat if I was forced by a gun to take money from someone or I would get killed

Reply
H
5/14/2021 12:34:19 pm

H

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Sarah
9/26/2017 08:45:34 am

What if someone is trying to extort money from me any way he can and is a potential threat to my family? If I send the perpetrator a cancelled credit card so he leaves me & my family alone, can I be prosecuted

Reply
Anonymous
5/1/2020 01:40:07 pm

No. If you leave him a cancelled credit card, he can't report you for sending a cancelled credit card because the police would question how he got the card, and then he would be prosecuted if there is no statement from you that allows him to have the card or a valid card

Reply
Lisa Mastro
2/28/2019 02:44:38 pm

What if someone threatening to kill me because I owed him money and he said if I walk into a store a steal something for him he would call it even

Reply
ERIC
1/29/2020 02:17:53 am

What is the crime called if someone uses hypnosis to have you withdraw large amounts of money and then takes advantage of your PTSD and forgetfulness to convince you that you've forgotten what you've done with the money so that they can steal it?

Reply
Anonymous
5/1/2020 01:41:33 pm

Fraud likely.

Reply
Derek Simon
3/9/2020 04:32:51 am

I was unkowningly entered into a privacy contract in a gaime with no pop up diologue and no mention of a legal contract (due to the way it was structured) there's a sub clause in the contract that stipulates when I invite a friend to play the company gets access to their email and personal details stated in a way that shifts the blame to me, am I liable and whats my course of action. And if im not guily can I make claims against the company? this is the clause . . . "Also, if you choose to invite your friends to play a game on the Website, we will collect the email address of your friends. Please make sure you have permission from your friends before sharing Information relating to your friends with us. "

Reply
Anonymous
5/1/2020 01:46:26 pm

If they do not want intrusive emails, they can unsubscribe to the emails (required by law). If they don't want their emails sold, they can probably get a Do Not Sell My Data if they live in CA, but companies will likely still won't sell your data if you live in the US because it can be hard to tell where you live, if you fill out the form.

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Elise
6/21/2021 01:00:13 pm

What if A forces/manipulates their child B (underage) to commit a crime against C resulting or not in accidental death of C? Would still B be convicted of such crime even if it's a minor?

Reply
Aj
10/22/2021 10:20:20 pm

Ok so if A killed D and then threatened C that A would kill C and B if C didn’t help clean up the after effects of murdering D?

Reply
Jayne link
5/10/2022 08:42:17 am

A friend ( now deceased) was living at my address and a card got delivered in my name. I did not consent. When the card came she was raped infront of me and I had to get the money out or they would rape her again. Now I been billed fir over 50 g, she's dead and they are now doing it to someone else

Reply
Victoria Addington link
10/24/2022 08:00:18 am

I liked how this post shared that f someone is expected to report it to the police if they are being threatened or forced to commit a crime. My friend is being blackmailed anonymously. I should advise her to seek help from a blackmail consulting firm to take legal action.

Reply
Zack link
11/29/2022 04:52:09 pm

If someone threatens to kill my family, my girlfriend and baby, unless I steal a gun from the store I work at, can I still be arrested

Reply



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    Blythe Leszkay is a successful and experienced criminal attorney, criminal law professor, and consultant to writers and filmmakers.  See About Me.  This blog is intended to answer common criminal law questions, dispel misconceptions, and explain misunderstood criminal law concepts.  It is also a place to discuss any crime or law related topics of interest.  Contact me for a free initial consultation on your film or writing project.

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