Andy lives near a lake, and he knows that a wealthy neighbor…
Andy lives near a lake, and he knows that a wealthy neighbor has a large lakefront estate and a gleaming new boat. One beautiful summer day when he knows that his neighbor is traveling, Andy decides to “borrow” the boat for an afternoon but return it before sundown. He is out on the lake for only a short while when he realizes that a storm is moving in. At first, Andy decides to stay out on the lake, confident that the large boat can withstand the storm. Soon, however, high winds make it dangerous to stay on the water. After seeing another boat capsize, Andy fears for his own life and decides to bring the boat into the nearest dock. Unfortunately, as Andy realizes, the nearest dock is too small for the neighbor’s large boat. Andy manages to dock the boat and get to dry land, but soon both the boat and the dock are damaged beyond repair. Andy is later charged with larceny of the boat (with larceny defined as that offense was defined at common law) and destruction of property with regard to the dock (defined as intentionally or knowingly causing damage to the property of another). Is Andy likely to succeed with a necessity defense?