Maria enters a store late at night and takes items without paying because she discovered that her elderly neighbor's heating system has failed, and she fears her neighbor may lose their home without immediate repairs. Maria did not intend to permanently deprive the store of the items and plans to return them once her neighbor's situation is resolved. Which defense might Maria successfully assert to justify her actions?
Maria may successfully assert the defense of necessity, which justifies her unlawful actions because she acted to prevent a greater harm to her neighbor's living situation. Necessity applies when the defendant believes that their actions were necessary to avoid imminent and significant harm, and there is no legal alternative.
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Multistate Bar Examination
Criminal Law and Procedure
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