Commonwealth v. Capitolo
Supreme Court of Pennsylvania
498 A.2d 806 (1985)
Capitolo (defendant) and others trespassed onto a power plant by crawling under a fence and sitting in protest, refusing to leave until deputy sheriffs removed them; the plant had actually been shut down for two weeks at the time, and no injuries or property damage resulted. The trial court refused their requested jury instruction on the state's necessity defense, they were convicted, and the appellate court reversed before the Pennsylvania Supreme Court granted review.
Whether, in Pennsylvania, a defendant may raise a defense of necessity based on the state's "choice of evils" law only if the defendant reasonably believed that the action taken was necessary to avoid a greater, real, and imminent harm.