NOTE: Dated, use instead South Carolina Requests to Charge – Criminal, 2nd Edition
South Carolina Criminal Jury Charges
SC Chapter 8 – defenses. Necessity
The defendant has raised the defense of necessity. In order to excuse the crime on the ground of necessity, the defendant must show by a preponderance, or greater weight, of the evidence three things:
(1) there was a present and imminent emergency which arose without fault on the part of the defendant;
(2) the emergency was of the type which would cause a well-grounded fear of death or serious bodily harm if the act was not done;
(3) there was no other reasonable alternative, other than committing the crime, to avoid the threat of harm.
If you find that the defendant has proved the defense of necessity by a preponderance of the evidence, you must find the defendant not guilty.