People v. Fontes
Court of Appeals of Colorado
89 P.3d 484 (2003)
After being denied assistance from a food bank and seeing no other way to feed his three malnourished young children, Jesus Fontes (defendant) presented false identification and attempted to cash a forged payroll check at a convenience store; the State (plaintiff) charged him with forgery, criminal impersonation, and misdemeanor theft, and although his wife testified he intended to use the money to feed the children, the trial court refused his request for a necessity (choice of evils) jury instruction. Fontes was convicted and appealed.
Whether the affirmative defense of necessity may be based on economic hardship, such as a parent's need to obtain food for malnourished children through unlawful means.