Choice of evils

(1) Conduct which the actor believes to be necessary to avoid an imminent harm or evil to the actor or to another is justifiable provided that: (a) The harm or evil sought to be avoided by such conduct is greater than that sought to be prevented by the law defining the offense charged; (b) Neither the Code nor other law defining the offense provides exceptions or defenses dealing with the specific situation involved; and (c) A legislative purpose to exclude the justification claimed does not otherwise plainly appear. (2) When the actor was reckless or negligent in bringing about the situation requiring a choice of harms or evils or in appraising the necessity for the actor's conduct, the justification afforded by this section is unavailable in a prosecution for any offense for which recklessness or negligence, as the case may be, suffices to establish culpability. (3) In a prosecution for escape under section 710-1020 or 710-1021, the defense available under this section is limited to an affirmative defense consisting of the following elements: (a) The actor receives a threat, express or implied, of death, substantial bodily injury, or forcible sexual attack; (b) Complaint to the proper prison authorities is either impossible under the circumstances or there exists a history of futile complaints; (c) Under the circumstances there is no time or opportunity to resort to the courts; (d) No force or violence is used against prison personnel or other innocent persons; and (e) The actor promptly reports to the proper authorities when the actor has attained a position of safety from the immediate threat.