There is an interesting case playing out in deep Southern Illinois regarding Booby Traps

Last year William Wasmund was fed up enough with continual break ins at a shed on property he owned rigged a shotgun to fire when the shed door was opened. Then he nailed the door shut and posted a No Trespassing sign and a sign on the shed saying Caution Do Not Enter.

Sometime on or about September 16th, 2018 Jeff Spicer ignored the signage broke the lock on the door, opened the door despite it being nailed shut and was killed by a shotgun blast. His body was discovered by a neighbor on September 16th.

Wasmund was charged with First Degree Murder and yesterday a jury convicted him.

http://www.southernillinoisnow.com/...convicted-in-2018-booby-trap-shotgun-slaying/

This seems like a pretty open and shut case. Plenty of precedent in other states about things like this. However Illinois law permits the use of force up to and including deadly force to protect property other then a residence:

http://www.ilga.gov/legislation/ilc...&ChapterID=53&SeqStart=8300000&SeqEnd=9900000

(720 ILCS 5/7-3) (from Ch. 38, par. 7-3)
Sec. 7-3. Use of force in defense of other property.
(a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with either real property (other than a dwelling) or personal property, lawfully in his possession or in the possession of another who is a member of his immediate family or household or of a person whose property he has a legal duty to protect. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent the commission of a forcible felony.
(b) In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7-4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct.
(Source: P.A. 93-832, eff. 7-28-04.)

Burglary is a forcible felony under Illinois law and is defined as follows:

http://www.ilga.gov/legislation/ilc...hapterID=53&SeqStart=63000000&SeqEnd=63800000

(720 ILCS 5/Art. 19 heading) ARTICLE 19. BURGLARY
(720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
Sec. 19-1. Burglary.
(a) A person commits burglary when without authority he or she knowingly enters or without authority remains within a building, housetrailer, watercraft, aircraft, motor vehicle, railroad car, or any part thereof, with intent to commit therein a felony or theft. This offense shall not include the offenses set out in Section 4-102 of the Illinois Vehicle Code.

Thomas Mansfield, Wasmund’s defense attorney, argued that Spicer’s actions are what led to his own death, noting he ignored the “no trespassing” sign, the nailed-shut shed door and the “caution do not enter” sign on the shed, then breaking the lock on the shed door.

“Those are the acts that caused his death,” Mansfield said.

After the verdict, Spicer’s family and friends held back tears and gave hugs.

Mansfield said the verdict shocked him and it will be appealed.

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I am aware of cases where the property owner wasn't charged after shooting a burglar in a building that wasn't occupied and even one where the building wasn't owned by the person who shot the burglar but was owned by a relative.

It's going to be interesting to see what grounds they appeal on and how the appellate court interprets the law.

Laws covering booby traps in Illinois all specifically refer to using them to protect illegal drug production and distribution. http://www.ilga.gov/legislation/ilcs/documents/072000050K19-5.htm
http://www.ilga.gov/legislation/ilcs/documents/072006460K10.htm http://www.ilga.gov/legislation/ilcs/documents/072006460K15.htm http://www.ilga.gov/legislation/ilcs/documents/072006460K55.htm

This case should have been a slam dunk. However it required the appointment of a special prosecutor and the defense took it to a jury trial. These cases don't usually play out like that. I would have expected a plea to a lessor charge then 1st degree murder. It's going to be interesting to see what grounds they appeal on.

MEHavey said:

Save for a home in use as actual dwelling, lethal force in defense of property alone has long been held outside the protection of justifiable homicide.

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Illinois law is quite clear that lethal force in defense of property against a forcible felony is justifiable and I can name some recent local cases where no one was prosecuted because of that statute. The vague part is proving that the intruder intended to commit a forcible felony. There was a local case several years ago when I was still working (it wasn't my case) where a man saw light inside an empty home owned by a relative. The man armed himself and shot the intruder. The intruder wasn't killed and claimed he only entered the house to get out of the rain. The states attorney took the case to the grand jury and the grand jury refused to indict. Naturally you can't count on that kind of an outcome, but things like that make these cases interesting and they contribute to a lot of the "myths and truths" that float around the internet and in the bars and clubs and on the shooting ranges about self defense.