What would you do if?

[Frank_N_Stein]

Hey trav, if there running my way just give me a call and I'll set up a "booby" trap and retreive the objects from the intruder and let him go on bail.

Booby traps will get you in deep doo-doo too:

IC 35-47.5-2-2
"Booby trap"
Sec. 2. "Booby trap" means a device meant to cause death or
bodily injury by:
(1) hiding the device; or
(2) activating the device by trip wires, switches,
antidisturbance, or other remote means.
As added by P.L.123-2002, SEC.50.

IC 35-47.5-5-10
Deploying a booby trap
Sec. 10. A person who knowingly or intentionally deploys a
booby trap commits a Class D felony.
As added by P.L.123-2002, SEC.50.

If they have your stuff and are already out of the house, just let them go. My 8 year old 34" non-flatscreen TV isn't worth an extended stay in prison.

 

[96firephoenix]

booby trap =\= honey trap...

as for the law, I'm pretty sure DF is allowed in IN to protect yourself, your dwelling or another dwelling. ie I think that under the law, I am allowed to shoot someone trying to break into my neighbour's house.

still, if someone is running away from you, unless they just dropped a grenade at your feet, you can't use DF... but if there's a grenade at your feet, you'll prolly be more focused on GTFO than putting the guy that put it there down.

 

[Gpfury86]

Booby traps will get you in deep doo-doo too:

IC 35-47.5-2-2
"Booby trap"
Sec. 2. "Booby trap" means a device meant to cause death or
bodily injury by:
(1) hiding the device; or
(2) activating the device by trip wires, switches,
antidisturbance, or other remote means.
As added by P.L.123-2002, SEC.50.

IC 35-47.5-5-10
Deploying a booby trap
Sec. 10. A person who knowingly or intentionally deploys a
booby trap commits a Class D felony.
As added by P.L.123-2002, SEC.50.

If they have your stuff and are already out of the house, just let them go. My 8 year old 34" non-flatscreen TV isn't worth an extended stay in prison.

Sorry guess I should have used purple font.....

 

[Frank_N_Stein]

booby trap == honey trap...

as for the law, I'm pretty sure DF is allowed in IN to protect yourself, your dwelling or another dwelling. ie I think that under the law, I am allowed to shoot someone trying to break into my neighbour's house.

still, if someone is running away from you, unless they just dropped a grenade at your feet, you can't use DF... but if there's a grenade at your feet, you'll prolly be more focused on GTFO than putting the guy that put it there down.

I think you would have to prove that you knew 100% for a fact that your neighbor was home at the time of the break-in and was in imminent danger of bodily harm from the person breaking in.

 

[Frank_N_Stein]

Sorry guess I should have used purple font.....

Yeah some of my posts have been taken the wrong way too when I forgot to use the purple.

 

[finity]

as for the law, I'm pretty sure DF is allowed in IN to protect yourself, your dwelling or another dwelling. ie I think that under the law, I am allowed to shoot someone trying to break into my neighbour's house.

Well, 2 out of 3 ain't bad.

The IC doesn't say anything about an exception for using deadly force to prevent someone from from breaking into ANOTHER PERSON'S house. It only says YOUR house.

Like FNS said, you might get away with it if you KNEW that your neighbors were home & had a reason to believe they were under a threat of bodily harm.

That said, if I knew or had a good reason to believe my neighbors were home I would likely use some kind of force to try to prevent someone from breaking in. If they escalate the force I will respond in kind. The Castle Doctrine presumes that if someone is breaking into an occupied residence that the BG is there to injure the occupants. You could possibly use that to justify using DF to protect a third person in this case. It's a legal gamble, though.

If they're not home, I'm calling 911. The Castle Doctrine does not apply & DF is not justified.

 

[Old Greg]

Based on what I was told in my Criminal Justice class, if the threat is leaving and you use force, defense then is not valid and you are the aggressor. Would I be upset and want to go after em, yes. But having to explain why going after material goods and using deadly or violent force to recover them was justified is not something I would want to do.