What element must be present in order for the excuse of necessity to be valid

Question

Quizplus · Accepted Answer

In order for the excuse of necessity to be valid, the harm to be avoided must be greater than the offense charged. This means that the act was done out of a genuine need to avoid harm and not just as an excuse to get away with a crime. The victim's consent, means of escape, and presumptive conclusion of mens rea are not necessarily relevant factors in determining the validity of the necessity defense.

What Element Must Be Present in Order for the Excuse