CA 3403. Necessity
California Criminal Jury Instructions (CALCRIM)
CA 3403. Necessity
The defendant is not guilty of <insert crime[s]> if (he/ she) acted because of legal necessity.
In order to establish this defense, the defendant must prove that:
1. (he/she) acted in an emergency to prevent a significant bodily harm or evil to (himself/herself/ [or] someone else);
2. (he/she) had no adequate legal alternative;
3. The defendant’s acts did not create a greater danger than the one avoided;
4. When the defendant acted, (he/she) actually believed that the act was necessary to prevent the threatened harm or evil;
5. A reasonable person would also have believed that the act was necessary under the circumstances;
AND
6. The defendant did not substantially contribute to the emergency.
The defendant has the burden of proving this defense by a preponderance of the evidence. This is a different standard of proof than proof beyond a reasonable doubt. To meet the burden of proof by a preponderance of the evidence, the defendant must prove that it is more likely than not that each of the six listed items is true.
