Legal Definitions - Necessity defense

Necessity defense

The necessity defense is a legal defense used to justify unlawful activity when the conduct cannot be avoided and is necessary to prevent a more serious harm. There are two types of necessity defense: public necessity and private necessity.

• Public necessity: During a natural disaster, a person breaks into a store to get food and water to survive. The person may use the necessity defense to avoid liability for the crime of breaking and entering.
• Private necessity: A person trespasses on someone's property to escape a dangerous situation, such as a wildfire. The person may use the necessity defense to avoid liability for trespassing.

These examples illustrate how the necessity defense can be used to justify unlawful activity when it is necessary to prevent a more serious harm. In both cases, the individuals had no other choice but to engage in the unlawful activity to protect themselves from harm.