CALCRIM No. 3403

The defendant is not guilty of <insert crime[s]> if (he/she)

acted because of legal necessity.

In order to establish this defense, the defendant must prove that:

1. (He/She) acted in an emergency to prevent a significant bodily

harm or evil to (himself/herself/ [or] someone else);

2. (He/She) had no adequate legal alternative;

3. The defendant’s acts did not create a greater danger than the one

avoided;

4. When the defendant acted, (he/she) actually believed that the act

was necessary to prevent the threatened harm or evil;

5. A reasonable person would also have believed that the act was

necessary under the circumstances;

AND

6. The defendant did not substantially contribute to the emergency.

The defendant has the burden of proving this defense by a

preponderance of the evidence. This is a different standard of proof than

proof beyond a reasonable doubt. To meet the burden of proof by a

preponderance of the evidence, the defendant must prove that it is more

likely than not that each of the six listed items is true.

New January 2006; Revised April 2008, September 2018