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CRM 1500-1999

1826. Defenses -- Generally

Since 28 U.S.C. § 1826(c) was drafted parallel to 18 U.S.C. § 751 to incorporate the general scienter elements of 18 U.S.C. § 751, the intent defenses of duress, intoxication, and lack of mental capacity are probably equally applicable here. See also this Manual at 1816 (Duress); 1817 (Intoxication); at 1818 (Insanity); and 1819 (Lack of Mental Capacity).

[cited in JM 9-69.600]