Necessity? is a common law defense with limited application. See State v. Jeffrey, 77 Wn. App. 222, 224-25, [*231]
889 P.2d 956 (1995); State v. Diana, 24 Wn. App. 908, 913-14, 604 P.2d 1312 (1979); 11 Washington Pattern Jury Instructions: Criminal 18.02, at 63 (2d ed. 1998) (WPIC). It is available ??when circumstances cause the [defendant] to take unlawful action in order to avoid a greater injury.? Jeffrey, 77 Wn. App. at 224; WPIC 18.02. The defendant must not have caused the threatened harm, and there must be no reasonable legal alternative to breaking the law. Jeffrey, 77 Wn. App. at 225; WPIC 18.02. The defendant must prove the defense by a preponderance of the evidence. Jeffrey, 77 Wn. App. at 225; WPIC 18.02.

¶8 Comparing the two defenses, the statutory defense is a specific iteration of the principles underlying the necessity defense. In this sense, the statutory defense appears to displace the need to give a general necessity defense instruction. Thus, giving an additional necessity defense instruction would necessarily be redundant, if not confusing. Overall, the statutory defense [***5] was sufficient for Mr. White to argue his case theory. But we need not dwell upon legislative intent or the differences between the two defenses because, in any event, the trial evidence does not support giving a general necessity defense instruction in Mr. White's case over the statutory defense.