NH 627:3 Competing Harms.

NH 627:3 Competing Harms.

State: New Hampshire

New Hampshire Revised Statutes Annotated (R.S.A)

TITLE LXII.  CRIMINAL CODE

Chapter 627: JUSTIFICATION

627:3 Competing Harms. 

I. Conduct which the actor believes to be necessary to avoid harm to himself or another is justifiable if the desirability and urgency of avoiding such harm outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the statute defining the offense charged. The desirability and urgency of such conduct may not rest upon considerations pertaining to the morality and advisability of such statute, either in its general or particular application.

II. When the actor was reckless or negligent in bringing about the circumstances requiring a choice of harms or in appraising the necessity of his conduct, the justification provided in paragraph I does not apply in a prosecution for any offense for which recklessness or negligence, as the case may be, suffices to establish criminal liability.

[Updated 7-13-15]

By | 2015-07-13T10:15:57+00:00 January 8th, 2013|Comments Off on NH 627:3 Competing Harms.