What circumstance might warrant a 'defense of necessity'?

The 'defense of necessity' is a legal doctrine that justifies an individual’s otherwise unlawful actions if those actions are taken to prevent a greater harm or danger. The circumstance that would warrant such a defense is an immediate danger requiring a crime for survival. In these situations, a person may argue that they had no other choice but to commit the crime in order to protect themselves or others from serious harm.

For example, if someone is trapped in a building that is on fire and they break a window to escape, their actions might be justified under the defense of necessity because they were in immediate danger and their unlawful act (breaking a window) was done to avoid the greater harm of injury or death.

In contrast, circumstances like planning a crime, committing fraud for profit, or possessing illegal items do not fit the criteria for the defense of necessity, as they do not involve an imminent threat or danger that necessitates unlawful behavior for survival or the immediate protection of others. These scenarios reflect a premeditated intention or a criminal enterprise rather than an urgent response to an unavoidable crisis, making them ineligible for this particular defense in legal contexts.