Washington Pattern Jury Instructions–Criminal
December 2021 Update
Washington State Supreme Court Committee on Jury Instructions
Part IV. Defenses
WPIC CHAPTER 18. Miscellaneous Defenses
WPIC 18.02 Necessity—Defense
Necessity is a defense to a charge of (fill in crime) if
(1) the defendant reasonably believed the commission of the crime was necessary to avoid or minimize a harm;
(2) harm sought to be avoided was greater than the harm resulting from a violation of the law;
(3) the threatened harm was not brought about by the defendant; and
(4) no reasonable legal alternative existed.
The defendant has the burden of proving this defense by a preponderance of the evidence. Preponderance of the evidence means that you must be persuaded, considering all the evidence in the case, that it is more probably true than not true. If you find that the defendant has established this defense, it will be your duty to return a verdict of not guilty [as to this charge].