46.3304 Justification-Avoidance of harm or evil.

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(a) Conduct which the actor believes to be necessary to avoid a harm or evil to himself or to another is justifiable; provided, that:

(1) the harm or evil sought to be avoided by the conduct is greater than that sought to be prevented by the law defining the offense charged;

(2) neither this title nor other law defining the offense provides exceptions or defenses dealing with the specific situation involved; and

(3) a legislative purpose to exclude the justification claimed does not otherwise plainly appear.

(b) When the defendant was reckless or negligent in bringing about the situation requiring a choice of harms or evils or in appraising the necessity for his conduct, the justification afforded by this section is unavailable in a prosecution for any offense for which recklessness or negligence, as the case may be, suffices to establish culpability.

History: 1979, PL 16-43 § 2.

Research Guide: MCC 563.026.