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what is the law on booby traps? if you boobytrap your house and it kills a burglar, are you in sh1t?

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Old 08-29-2003, 02:01 PM   #1
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Default what is the law on booby traps? if you boobytrap your house and it kills a burglar, are you in ****?

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Old 08-29-2003, 02:03 PM   #2
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Default no, but

you could be sent to jail and then Bubba will push your **** in.
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Old 08-29-2003, 02:05 PM   #3
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Default short answer: yes.

if someone gets hurt on your property, regardless of whethere you invited them there or not, you are negligent.

remember the story of the burglar falling through someone's skylight? yes, he sued. yes he won. We live in a fscked up world.
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Old 08-29-2003, 02:05 PM   #4
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Default Unfortunately, true. If the perp lives, he gets your house.

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Old 08-29-2003, 02:05 PM   #5
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Default nice try, you aren't scaring anybody.

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Old 08-29-2003, 02:06 PM   #6
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Default Yes. You cannot under any circumstances booby-trap your property...

in some states, you can't even shoot somebody who breaks into your house. Fortunately, I don't live in one of those states.
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Old 08-29-2003, 02:07 PM   #7
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Default Florida has the castle doctrine, if you break into my house/apt., I can legally shoot you.

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Old 08-29-2003, 02:08 PM   #8
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Default deep ****.

I assume you're talking about a spring-loaded shotgun pointing at the door, for purposes of this discussion.

1) you can't use deadly force in defense of property.
2) you are in it for at least 3rd degree murder (reckless homicide) because you set in motion a machine that will kill the first person to open the door (the device can't tell the difference between a burglar and a fireman).
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Old 08-29-2003, 02:08 PM   #9
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Default As long as you shoot him in your house, you are fine.

Maybe he fell down the stairs first, but if you shoot him quick enough they will rule shooting as cuase of death.
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Old 08-29-2003, 02:09 PM   #10
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Default yes, you can....

you can personally shoot me, however if i get hurt on your property and you are not there, i can still sue you for negligence. in other words, no booby-trapping.
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Old 08-29-2003, 02:09 PM   #11
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Default Yikes, which state do you live in? You can defend yourself and your house in many states.

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Old 08-29-2003, 02:10 PM   #12
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Default but only if you're home. that's the key difference.

if you're home, you might legitimately be in fear for your safety, and therefore you are entitled to use deadly force to protect yourself, but not your stuff.
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Old 08-29-2003, 02:11 PM   #13
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Default so.. you are saying that if you hurt yourself on my property,

I have to race home and kill you to avoid a lawsuit? That's not cool.
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Old 08-29-2003, 02:11 PM   #14
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Default well 949 is Los angeles (guessing by his name

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Old 08-29-2003, 02:13 PM   #15
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Default #1 not true in all states...

here's an excerpt from Texas Statutes:


<i> 9.42. Deadly Force to Protect Property

A person is justified in using deadly force against another to protect land or tangible, movable property:

(1) if he would be justified in using force against the other under Section 9.41; and

(2) when and to the degree he reasonably believes the deadly force is immediately necessary:


(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or

(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and


(3) he reasonably believes that:


(A) the land or property cannot be protected or recovered by any other means; or

(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

Acts 1973, 63rd Leg., p. 883, ch. 399, 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, 1.01, eff. Sept. 1, 1994.</i>
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Old 08-29-2003, 02:14 PM   #16
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Default probably not.

if i'm hurt, you cannot justify that i'm placing your life in iminent danger (biggest rule for determining self-defense). so, no you wouldn't be able to come home and shoot me.
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Old 08-29-2003, 02:14 PM   #17
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Default Peoples Republic of Kalifornia...

You can shoot someone if you're home and they break in, but not a booby-trap thing if you aren't there.

I'm pretty certain you're not entitled to use deadly force to protect property in any state, under the hypothetical situation given.
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Old 08-29-2003, 02:15 PM   #18
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Default it depends on the state, Florida is FAIRLY lax on what you can do

<i>Q. When can I use my handgun to protect myself?

A. Florida law justifies use of deadly force when you are:
* trying to protect yourself or another person from death or serious bodily harm;
* trying to prevent a forcible felony, such as rape, robbery, burglary or kidnapping. </i><ul><li><a href="http://licgweb.doacs.state.fl.us/weapons/self_defense.html">http://licgweb.doacs.state.fl.us/weapons/self_defense.html</a</li></ul>
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Old 08-29-2003, 02:16 PM   #19
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Default even that says only "if deadly force is immediately necessary". Unarmed burgler = you go to jail.

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Old 08-29-2003, 02:17 PM   #20
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Default Actually, it is.

The statute you cite presupposes you are present to pull the trigger.

Further, it presupposes that the burglar is going to commit a class-a violent felony on the premises. This is just another way of saying "self defense" or "defense of another."

It isn't about property, only. People+property=ok to shoot.
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Old 08-29-2003, 02:17 PM
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