Is it illegal to fight a duel?

[friedo]

@kunilou

In Missouri it’s illegal for anyone in military service to the state (i.e., a member of the National Guard or militia) to duel, assist, or fail to report even knowing about a duel.

The New York Military Law also makes dueling illegal for service members.

@NY MIL § 130.108

Any person subject to this code who, while on active state duty or in a duty status other than active state duty, fights or promotes, or is concerned in or connives at fighting a duel, or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority, shall be punished as a court-martial may direct.

I can’t find any current NY statute regarding duels among civilians, though. There was a period when begrudged New Yorkers rowed over to New Jersey to fight their duels, which had more lax laws. (Controlling precedent is the case of Hamilton v. Burr.)

[DrCube]

Great thread. Something that I’m not clear on is what about non-deadly “duels”? Say, a fist fight that both parties have agreed to in advance?

I mean, boxing is legal. But also, battery is not, and in my layman’s understanding of that crime, the victim’s consent to be battered is not a defense. Where along the line from “the two of us fighting alone in an alley” to “the two of us fighting in front of a crowd of thousands” does it stop being a crime? Does it matter if it is on public or private property (presumably it would be disturbing the peace if it happened in a crowded public place)? Does it matter how far in advance the fight was agreed to (“let’s take this outside” vs “let’s meet after school” or “I challenge you to engage me in hand to hand combat next Sunday at dawn”)?

[SCAdian]

@DrCube

Great thread. Something that I’m not clear on is what about non-deadly “duels”? Say, a fist fight that both parties have agreed to in advance?

First blood?

[Navigator66]

I do wonder how a duel would play out legally in a state that had a Stand Your Ground Law.

Two people, facing each other, both armed, and neither being required to retreat from each other.

[SamuelA]

Yeah really. Stand Your Ground and Self defense laws and Open Carry laws sound like they would make for a defense.

“Your honor, I was just standing in this wide open field, about 50 paces apart from my neighbor Clive. We both just happened to have the same pistol in our holsters. For no reason at all, Clive started to go for his gun! I didn’t want to die, so I quick drew on him and shot him before he could shoot me! I got shot as well, but a friend who happened to be nearby took me to the hospital in time. Clive’s friend, who also happened to be nearby, took him to the hospital, but he didn’t make it. So sad but I did what I had to do, I stood my ground and defended myself.”

I mean I guess it would be a slam dunk for the prosecution to argue it was a duel…but could the Stand Your Ground law protect you from prosecution for murder? Does it actually *say *in the laws in most states that dueling isn’t allowed?

[Isilder]

@Schnitte

[pointless trivia]

In Uruguay, duels are legal, providing that both contestants are blood donators.

[/pointless trivia]

lol, I get it. legal sanction … not its Legal sanguation. I get it .lol. good one. Seems what was published in the news paper was meant to be obviously a pun, but its copied like truth.
They have since deleted the legally sanctioned duels.

[Kent_Clark]

@DrCube

Great thread. Something that I’m not clear on is what about non-deadly “duels”? Say, a fist fight that both parties have agreed to in advance?

I mean, boxing is legal. But also, battery is not, and in my layman’s understanding of that crime, the victim’s consent to be battered is not a defense. Where along the line from “the two of us fighting alone in an alley” to “the two of us fighting in front of a crowd of thousands” does it stop being a crime? Does it matter if it is on public or private property (presumably it would be disturbing the peace if it happened in a crowded public place)? Does it matter how far in advance the fight was agreed to (“let’s take this outside” vs “let’s meet after school” or “I challenge you to engage me in hand to hand combat next Sunday at dawn”)?

In Missouri, the statute I cited upthread (Section 565.010.1) specifically lists consent to “Joint participation in a lawful athletic contest or competitive sport” as a defense.