Idaho Criminal Jury Instructions
ICJI 1500 BURDEN OF PROOF ON DEFENSES

ICJI 1512 NECESSITY DEFENSE

INSTRUCTION NO.

The defendant cannot be guilty [of (name of crime)] if the defendant acted because of necessity. Conduct which violates the law is justified by necessity if:

1. there is a specific threat of immediate harm to [the defendant] [name of person],

2. the defendant did not bring about the circumstances which created the threat of immediate harm,

3. the defendant could not have prevented the threatened harm by any less offensive alternative, and

4. the harm caused by violating the law was less than the threatened harm.

The state must prove beyond a reasonable doubt that the defendant did not act because of necessity. If you have a reasonable doubt on that issue, you must find the defendant not guilty.

 

[230613]