True, if we insert "intentionally".No private citizen ever has a right to kill anyone.
True, if we insert "intentionally".No private citizen ever has a right to kill anyone.
SECTION 16-11-10. "Dwelling house" defined in case of burglary, arson and other criminal offenses.
With respect to the crimes of burglary and arson and to all criminal offenses which are constituted or aggravated by being committed in a dwelling house, any house, outhouse, apartment, building, erection, shed or box in which there sleeps a proprietor, tenant, watchman, clerk, laborer or person who lodges there with a view to the protection of property shall be deemed a dwelling house, and of such a dwelling house or of any other dwelling house all houses, outhouses, buildings, sheds and erections which are within two hundred yards of it and are appurtenant to it or to the same establishment of which it is an appurtenance shall be deemed parcels.
Section 16-11-440 (emphasis dded)ARTICLE 6
Protection of Persons and Property Act
SECTION 16-11-410. Citation of article.
This article may be cited as the "Protection of Persons and Property Act".
HISTORY: 2006 Act No. 379, Section 1, eff June 9, 2006.
SECTION 16-11-420. Intent and findings of General Assembly.
(A) It is the intent of the General Assembly to codify the common law Castle Doctrine which recognizes that a person's home is his castle and to extend the doctrine to include an occupied vehicle and the person's place of business.
(B) The General Assembly finds that it is proper for law-abiding citizens to protect themselves, their families, and others from intruders and attackers without fear of prosecution or civil action for acting in defense of themselves and others.
(C) The General Assembly finds that Section 20, Article I of the South Carolina Constitution guarantees the right of the people to bear arms, and this right shall not be infringed.
(D) The General Assembly finds that persons residing in or visiting this State have a right to expect to remain unmolested and safe within their homes, businesses, and vehicles.
(E) The General Assembly finds that no person or victim of crime should be required to surrender his personal safety to a criminal, nor should a person or victim be required to needlessly retreat in the face of intrusion or attack.
HISTORY: 2006 Act No. 379, Section 1, eff June 9, 2006.
SECTION 16-11-440. Presumption of reasonable fear of imminent peril when using deadly force against another unlawfully entering residence, occupied vehicle or place of business.
(A) A person is presumed to have a reasonable fear of imminent peril of death or great bodily injury to himself or another person when using deadly force that is intended or likely to cause death or great bodily injury to another person if the person:
(1) against whom the deadly force is used is in the process of unlawfully and forcefully entering, or has unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if he removes or is attempting to remove another person against his will from the dwelling, residence, or occupied vehicle; and
(2) who uses deadly force knows or has reason to believe that an unlawful and forcible entry or unlawful and forcible act is occurring or has occurred.
(B) The presumption provided in subsection (A) does not apply if the person:
(1) against whom the deadly force is used has the right to be in or is a lawful resident of the dwelling, residence, or occupied vehicle including, but not limited to, an owner, lessee, or titleholder; or
(2) sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship, of the person against whom the deadly force is used; or
(3) who uses deadly force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or
(4) against whom the deadly force is used is a law enforcement officer who enters or attempts to enter a dwelling, residence, or occupied vehicle in the performance of his official duties, and he identifies himself in accordance with applicable law or the person using force knows or reasonably should have known that the person entering or attempting to enter is a law enforcement officer.
(C) A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including, but not limited to, his place of business, has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force, if he reasonably believes it is necessary to prevent death or great bodily injury to himself or another person or to prevent the commission of a violent crime as defined in Section 16-1-60.
(D) A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or a violent crime as defined in Section 16-1-60.
(E) A person who by force enters or attempts to enter a dwelling, residence, or occupied vehicle in violation of an order of protection, restraining order, or condition of bond is presumed to be doing so with the intent to commit an unlawful act regardless of whether the person is a resident of the dwelling, residence, or occupied vehicle including, but not limited to, an owner, lessee, or titleholder.
Though Virginia does not have a stand your ground statute, the state courts have held that there is no duty to retreat before using force in public.in Virginia you have the "duty to retreat".
The firs secion cited is relevant. The second has nothing to do with Castle Doctrine.This being Legal, let's go to the horse's mouth:
https://www.scstatehouse.gov/code/t16c011.php
How does trespass enter in?That trespass and housebreaking are crimes of high risk
Source?Well, in Virginia you have the "duty to retreat".
You are supposed to try to retreat before using deadly force.
He thinks that if someone breaks in to your house uninvited, you have the right to kill that person.
He thinks that if someone breaks in to your house uninvited, you have the right to kill that person. He thinks that's what Castle Doctrine means.
Is it possible he's right?
Not true. Private citizens don't have the right to intentionally kill someone, but that's not the same thing. There are certainly situations in which it's perfectly lawful to take action intended for a lawful purpose, and for which a foreseeable unintended secondary effect is the death of the target.No private citizen ever has a right to kill anyone. Period.
So then, true.Private citizens don't have the right to intentionally kill someone, but that's not the same thing.
Not at all. There's nothing disingenuous about making sure you have properly defined terms and are disciplined about using them correctly.Disingenuous semantics
Not at all, as has been repeatedly explained.So then, true.
It's in the language under Definitions.How does trespass enter in?
Which certainly appears to suggest one can start with a presumption that "fear of life or limb" exists.D) A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or a violent crime as defined in Section 16-1-60.
Yes. It defines the crime, and has nothing to do with terminating trespass.It [trespass] 's in the language under Definitions.
No.I'm guessing it's meant to include things like entering a garage where the door is open, or an open porch or the like, where no "breaking" occurs, but threat could be presumed to exist.
The law in South Carolina (I can't speak to other jurisdictions) is:I forgot to add that we live in South Carolina,
Not true. Private citizens don't have the right to intentionally kill someone, but that's not the same thing. ....No private citizen ever has a right to kill anyone. Period....
... The self-defense privilege is statutory. A person is privileged to use force to prevent what he or she reasonably believes is an unlawful interference with his or her person...
...(c) Any person using force intended or likely to cause death or serious bodily injury within a residence, business, dwelling or vehicle is presumed to have held a reasonable belief of imminent death or serious bodily injury to self, family, a member of the household or a person visiting as an invited guest, when that force is used against another person, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence, business, dwelling or vehicle, and the person using defensive force knew or had reason to believe that an unlawful and forcible entry occurred....
Source?
Has not the correct answer been given?We were taught in our CCW class that you need to retreat, if possible, before using deadly force.
Please educate me if I was taught incorrect information!!
Not at all. There's nothing disingenuous about making sure you have properly defined terms and are disciplined about using them correctly.
.Well gee.... I don't know....According to Oklahoma County District Attorney David Prater, Parker was shot once in the head before Ersland ran out of the store to chase the second teen suspect. He returned roughly 45 seconds later, grabbed another gun and shot Parker five more times
Yes.
This OK City pharmacist got it all wrong and lied to the police as well. He's in prison after being found guilty of murder;
Oklahoma pharmacist convicted of murder moved to different prison | KFOR.com Oklahoma City
Federal law (10CFR1047.7 (Use of deadly force) likewise discusses this.
"Deadly force means that force which a reasonable person would consider likely to cause death or serious bodily harm. Its use may be justified only under conditions of extreme necessity, when all lesser means have failed or cannot reasonably be employed."
The next sentence in the regulation states: "A protective force officer is authorized to use deadly force only when one or more of the following circumstances exists:..."
So, to clarify, that federal regulation applies only to a "protective force officer" hired by the Department of Energy. It would not apply to anyone else.