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State v. Warshow, Supreme Court of Vermont, 410 A.2d 1000 (1980), is a criminal case that set forth conditions for a defense of necessity in civil disobedience during political protests. Four requirements were described that apply to other necessity defenses.

The court wrote:

1. There must be a situation of emergency arising without fault on the part of the actor concerned;
2. this emergency must be so imminent and compelling as to raise a reasonable expectation of harm, either directly to the actor or upon those he was protecting;
3. this emergency must present no reasonable opportunity to avoid the injury without doing the criminal act;
4. the injury impending from the emergency must be of sufficient seriousness to outmeasure the criminal wrong.

References

1. Criminal Law - Cases and Materials, 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, ISBN 978-1-4548-0698-1,

• United States criminal case law
• Civil disobedience in the United States
• 1980 in United States case law