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The defense of stealing out of necessity argues that an individual committed theft to prevent a greater harm, such as saving a life or avoiding serious injury, when no legal alternatives were available. This defense is based on the principle that the action taken was necessary to protect oneself or others from imminent danger. However, for this defense to be successful, the individual must demonstrate that the harm avoided was significant and that the theft was the only reasonable option available at the time. Courts typically assess the proportionality of the act to the threat faced when considering this defense.

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Is necessity a defense to trespass?

Necessity can serve as a defense to trespass in certain circumstances. If an individual enters another person's property to prevent harm or to address an emergency, such as rescuing someone in danger, they may be able to claim necessity as a defense. However, this defense is typically evaluated on a case-by-case basis, considering the immediacy and reasonableness of the actions taken. Overall, while necessity can mitigate liability, it does not universally absolve one from trespass claims.


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