Nelson v. State
Citation
597 P.2d 977 (Alaska 1979)
Facts
Nelson broke into a remote cabin to survive after becoming stranded in the Alaskan wilderness during extreme weather conditions, having no other shelter or means of survival available to him.
Issue
Whether the necessity defense is available to a defendant who broke into property in order to survive a life-threatening emergency.
Holding
The court found the necessity defense applicable on these facts, recognizing that preserving human life justified the property damage caused.
Rule
The necessity defense applies when (1) the defendant faced a genuine choice of evils, (2) the harm avoided was greater than the harm caused, (3) no adequate legal alternative existed, and (4) the defendant did not create the emergency situation through his own fault.