- #Defend your castle law illinois mod
- #Defend your castle law illinois mods
- #Defend your castle law illinois code
#Defend your castle law illinois code
It is important to keep in mind that the Model Penal Code is just what it says, an attempted restatement of modern criminal law in a suggested statutory format. §5.9(c) Criminal Law Hornbook, Third Ed., Wayne R. Under the Code, nondeadly mechanical devices such as spiked fences may justifiably be used to protect one's property. The common law rule was properly rejected on the ground that it does not describe a workable standard of conduct, in that liability depends upon fortuitous circumstances - the intentions of the trespasser who happens to be killed or seriously injured by the mechanical device. The Model Penal Code rejects the latter justification, taking the view that use of a deadly mantrap is never justifiable. A killing by such a device is justifiable only if the one who employs the device would in fact have been justified in taking the life of the trespasser had he been present, as where the trespasser tries to enter an occupied dwelling to do great violence to the occupants or to commit a burglary therein. Just as one cannot use deadly force to protect his property from trespass or theft, so to he cannot use a deadly spring gun or other mechanical device as a protection against trespass or theft. If you really did do this, and really did hurt or kill someone attempting to break into your home, I think you would likely be subject to prosecution.Īll that being said, let me quote the following from a common criminal law treatise on the subject (citations omitted):ĭefense of Property - Use of Mechanical Devices: In reality, I think a more appropriate response to your question would be highly dependent upon the specific laws of your state, as shaped by the statutes codifying the criminal offenses of homicide and other related statutes, such as "castle doctrine" laws, and the court cases interpreting those laws. This is a common hypothetical addressed in criminal law courses in law school, where a device such as the one you describe is often referred to as a "spring-gun." The conventional wisdom with respect to this question has generally been that such a device is not justifiable under the law. (2) use of the device is reasonable under all the circumstances as the actor reasonably believes them to be when he installs the device. (1) the device is not designed to cause, or known by the actor to create a substantial risk of causing, death or serious bodily injury and The justification afforded by Sections 9.41 and 9.43 applies to the use of a device to protect land or tangible, movable property if: But automatically closing gates, or doors and windows, with a trigger far enough away that someone couldn't be caught in the closing door should be fine. You CAN use a booby trap to protect land or tangible, movable property in Texas as long as it's not designed or known to cause a substantial risk of serious injury or death, and it's reasonable in the circumstance. >!insert spoiler here!< Other subreddits you might like: some
#Defend your castle law illinois mod
Mod posts Serious posts Megathread Breaking news Unfilter Please use spoiler tags to hide spoilers. Tags to use: Use a post tag to designate your post as a serious, on-topic-only thread. If you think your post has disappeared, see spam or an inappropriate post, please do not hesitate to contact the mods, we're happy to help. Spam, machine-generated content, and karma farming are not permitted. more >ĭo not post harmful misinformation. more >Ĭomment replies consisting solely of images will be removed.
#Defend your castle law illinois mods
Mods reserve the right to remove content or restrict users' posting privileges as necessary if it is deemed detrimental to the subreddit or to the experience of others. Soliciting money, goods, services, or favours is not allowed. tagged posts are off-limits to jokes or irrelevant replies. more >Īskreddit is not your soapbox, personal army, or advertising platform. Posting, or seeking, any identifying personal information, real or fake, will result in a ban without a prior warning. more >Īskreddit is for open-ended discussion questions.
more >Īny post asking for advice should be generic and not specific to your situation alone. Your thoughts/responses to the question can go in the comments section. The title may contain two, short, necessary context sentences. You must post a clear and direct question in the title.
0 kommentar(er)
