When the law states:Charles L. Cotton wrote:Unhappycamper is right, I'm talking about civil suits. Certain conditions in and/or around geographic locations can raise the duty of a landowner. Sorry, I just can't say more.unhappycamper wrote:I'm pretty sure Mr. Cotton is talking about civil law.flechero wrote:Charles,
Without giving anything away (just a yes or no) would those same exceptions possibly serve as a defense to someone who successfully defends themselves, while inside a 30.06 location?
As for criminal law, if the self-defense shooting is righteous, you fine as far as the shooting goes. As for the trespass charge, there are other defenses that may or may not be available such as "Necessity." Remember also that if you are a trespasser, the Penal Code states that you have a duty to retreat before using deadly force, but case law may remove that duty.
Chas.
"The actor's belief that the force (or deadly force) was immediately
necessary as described by this subsection is presumed to be reasonable
if the actor:" ......
"(3) was not otherwise engaged in criminal activity, other than a
Class C misdemeanor that is a violation of a law or ordinance regulating
traffic at the time the force was used."
what constitutes "criminal activity"? Would trespassing?