In any prosecution for an offense, it is an affirmative defense that the Defendant had no reasonable alternative but to commit the offense so as to avoid a greater danger or threat which they did not create. In order to demonstrate the applicability of the Necessity offense, it must be proven that a reasonable person would believe that the illegal conduct was necessary to prevent the perceived harm.

Section History

Added: [Stat. 26-29, Kramerian Revised Criminal Code Act of 2026**)](https://ols.krameria.xyz/Stat-26-29-Kramerian-Revised-Criminal-Code-Act-of-2026-402b2321706548ffb2acd375eddb8ecd), § 701.04

Other Notes