Can a defendant use a defense based on the necessity defense?

[206 Cal.App.3d 706] At Steele's request the trial court read an instruction based on the necessity defense developed in People v. Lovercamp (1974) 43 Cal.App.3d 823, 118 Cal.Rptr. 110. In Lovercamp the court held that in certain very limited circumstances a prisoner's escape from prison may be justified by necessity when the prisoner faces an immediate threat of death, forcible sexual attack or substantial bodily injury. ¹ Although the court instructed on this defense, the jury rejected it and returned a verdict of guilty.