IN IJA 10.2100. Necessity.

IN IJA 10.2100. Necessity.

State: Indiana

Indiana Judges Association (IJA) (2017)

CHAPTER 10 DEFENSES RELATING TO CULPABILITY

Instruction No. 10.2100. Necessity.

Defense of necessity is an issue in this case.

The defense of necessity applies when:

(1) the act charged as criminal was the result of an emergency and was done to prevent a significant harm;

(2) there was no adequate alternative to the commission of the act;

(3) the harm caused by the act was not disproportionate to the harm avoided;

(4) the Defendant had a good-faith belief that his/her act was necessary to prevent greater harm;

(5) the Defendant’s belief was objectively reasonable under all the circumstances of the case; and

(6) the Defendant did not substantially contribute to the creation of the emergency.

The State has the burden to prove beyond a reasonable doubt that the Defendant was not acting out of necessity, and may do so by disproving any one of the above facts.

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