united-states criminal-law theft self-defense
Is it legal to steal a car to save your life when your life is in danger?
<p>Person A is bein chased by person B who is carrying a knife. Person A has good reason to believe that if person B catches him, his life will be in danger. As person A runs away, he sees a convertible car with the keys in it. The top is up. He does not know who owns the car. Can he get into the car, start the engine and legally drive away to safety?</p>
<p>I am in the United States.</p>

<h2>If it is <em><a href="https://en.wikipedia.org/wiki/Necessity_(criminal_law)" rel="nofollow noreferrer">necessary</a></em>, yes</h2>
<blockquote>
<p>Generally, the defendant must affirmatively show (i.e., introduce some evidence) that (a) the harm they sought to avoid outweighs the danger of the prohibited conduct they are charged with; (b) they had no reasonable alternative; (c) they ceased to engage in the prohibited conduct as soon as the danger passed; and (d) they themselves did not create the danger they sought to avoid.</p>
</blockquote>
<p>The necessity defence is recognised in most common law and civil law jurisdictions and in international law. In common law jurisdictions, the “harm” must be some sort of clear and imminent peril to life and safety, such as the situation you describe (although B needs to prove all the elements). In civil law jurisdictions, the peril can be more distant such as the successful defence in 2020 in Switzerland of protesters using it where the threat was climate change.</p>
