17-A M.R.S.A. § 102-A

Effective: September 20, 2007

Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 1. General Principles

Chapter 5. Defenses and Affirmative Defenses; Justification (Refs & Annos)

§ 102-A. Military orders

1. It is a defense if the person engaged in the conduct charged to constitute a crime in obedience to an order of the person's superior in the armed services that the person did not know to be unlawful.

2. If the person was reckless in failing to know the unlawful nature of such an order, the defense is unavailable in a prosecution for a crime for which recklessness suffices to establish liability.

CREDIT(S)

1981, c. 324, § 25; 2007, c. 173, § 17.

Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature

Chapter 3. Culpability (Refs & Annos)

§ 310. Military orders

It is a defense that the actor, in engaging in the conduct charged to constitute an offense, does no more than execute an order of his superior in the armed services which he does not know and cannot reasonably be expected to know to be unlawful.

§ 310. Military orders

It is a defense that the actor, in engaging in the conduct charged to constitute an offense, does no more than execute an order of his superior in the armed services which he does not know and cannot reasonably be expected to know to be unlawful.

Section 2.10.  Military Orders.

It is an affirmative defense that the actor, in engaging in the conduct charged to constitute an offense, does no more than execute an order of his superior in the armed services which he does not know to be unlawful.

Section 2.10.  Military Orders.

It is an affirmative defense that the actor, in engaging in the conduct charged to constitute an offense, does no more than execute an order of his superior in the armed services which he does not know to be unlawful.

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part I. Preliminary Provisions

Chapter 3. Culpability (Refs & Annos)

§ 310. Military orders

It is a defense that the actor, in engaging in the conduct charged to constitute an offense, does no more than execute an order of his superior in the armed services which he does not know and cannot reasonably be expected to know to be unlawful.

CREDIT(S)

1972, Dec. 6, P.L. 1482, No. 334, § 1, effective June 6, 1973.

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-232. Military orders

It is an affirmative defense to a penal charge that the defendant, in engaging in the conduct or causing the result alleged, which the defendant did not know to be unlawful, did no more than execute an order of the defendant's superior in the armed services.

CREDIT(S)

Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

21 Okl.St.Ann. § 152

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part I. In General

Chapter 3. Persons Liable to Punishment

§ 152. Persons capable of committing crimes--Exceptions--Children--Idiots--Lunatics--Ignorance--Commission without consciousness--Involuntary subjection

All persons are capable of committing crimes, except those belonging to the following classes:

1. Children under the age of seven (7) years;

2. Children over the age of seven (7) years, but under the age of fourteen (14) years, in the absence of proof that at the time of committing the act or neglect charged against them, they knew its wrongfulness;

3. Persons who are impaired by reason of mental retardation upon proof that at the time of committing the act charged against them they were incapable of knowing its wrongfulness;

4. Mentally ill persons, and all persons of unsound mind, including persons temporarily or partially deprived of reason, upon proof that at the time of committing the act charged against them they were incapable of knowing its wrongfulness;

5. Persons who committed the act, or made the omission charged, under an ignorance or mistake of fact which disproves any criminal intent. But ignorance of the law does not excuse from punishment for its violation;

6. Persons who committed the act charged without being conscious thereof; and

7. Persons who committed the act, or make the omission charged, while under involuntary subjection to the power of superiors.

CREDIT(S)

R.L.1910, § 2094; Laws 1998, c. 246, § 11, eff. Nov. 1, 1998.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 155

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part I. In General

Chapter 3. Persons Liable to Punishment

§ 155. Subjection to superior exonerates

The involuntary subjection to the power of a superior which exonerates a person charged with a criminal act or omission from punishment therefor, arises from duress.

CREDIT(S)

R.L.1910, § 2097; Laws 1976, c. 35, § 1.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)