The Illustrated Guide to Criminal Law
Chapter 13: I Had No Choice!
Necessity pg 9: The Elements of the Necessity Defense
So even though Harry knocked down someone’s house, he’s not going to jail. He has a defense of Necessity, because:
(1) He sincerely believed there was an immediate danger,
(2) The harm he caused really was less than the harm he was trying to prevent, and
(3) There was no other way to do it that was less harmful.
Harry talking head
HARRY
Didn’t I just say that?
Dylan the dimwit had the same idea. Grabbing some leftover TNT, he evacuated and demolished the house on the other side of the blaze.
Dylan happily blowing up a house while the family reacts outside
DYLAN
I’m helping!
No you’re not, and I’m sure the next page will explain why.