(1) conduct which would otherwise constitute an offense is justifiable & not criminal when^*:

(a) the conduct is necessary as an emergency measure to avoid an imminent public or private injury AND

(b) the threatened injury is of such seriousness that, according to ordinary standards of intelligence & morality, the desirability & urgency of avoiding it clearly outweigh the desirability of avoiding the injury that the violated statute was trying to prevent

(2) The necessity & justifiability of the conduct in (1) will not only rest only on the morality & advisability of the violated statute, either in its general application or with respect to its application to a particular class of cases arising under it

^*Unless inconsistent with provisions of chapter 743 of the Oregon Laws of 1971 that define justifiable use of physical force, or with some other provision of law