§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. [L 1972, c 9, pt of §1; gen ch 1993]



 



COMMENTARY ON §702-232



 



  This section provides an affirmative defense in the narrow
case where a defendant engages in conduct because ordered to do so by the
defendant's superior in the armed services.  The defense obtains only when the
defendant did not know the conduct to be unlawful.