The final component of the statute will not be disputed because it is conditional on the first two elements. If the threat was sufficient, the necessity created by the threat had not ceased; if the threat was insufficient, then the criminal conduct was unnecessary. Whitten will likely fail to assert the …show more content…
Brook, 221 P.4th at 421 (citing State v. Brownfield, 597 P.2d 1400, 1404 (Gar. 1984)). In Brownfield, the defendant received a call from a friend requesting urgent help; unfortunately, the defendant was subsequently unable to contact that friend by phone. Id. at 1402. The defendant had a suspended license so he attempted to reach what he believed was his endangered friend by other means of transportation including asking a friend and stopping at another acquaintance’s home—all to no avail. Id. The court held that the defendant’s extensive, fruitless efforts to find another driver meant that he adequately pursued reasonable alternatives. Id. at 1404. Thus, if a defendant makes a reasonable effort to find an alternative to the illegal act and cannot, it will inform the court’s determination of whether the circumstances were sufficiently urgent.