(a) Conduct which would otherwise be an offense is justified by reason of necessity to the extent permitted by common law when

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Terms Used In Alaska Statutes 11.81.320

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Statute: A law passed by a legislature.
(1) neither this title nor any other statute defining the offense provides exemptions or defenses dealing with the justification of necessity in the specific situation involved; and
(2) a legislative intent to exclude the justification of necessity does not otherwise plainly appear.
(b) The justification specified in (a) of this section is an affirmative defense.