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.