Lawyers -Would the burglar bomb be considered a "booby trap"

[mrvmax]

Would Texas consider this a "booby trap" if I used it in my house to deter criminals?
http://burglarbomb.com/AB-2000.aspx

[Beiruty]

what is wrong with that? under what law it is forbidden? You can use any force to stop home invasion, including lethal force.

[RSJ]

PLEASE be careful with this. I would be worried about civil liability from this device. There are tons of similar (see spring-gun) cases where the good-faith homeowner's device injured a burglar and had to pay up. I am not going to give a YES or NO on this device (this is not legal device).

[smoothoperator]

PENAL CODE
Sec. 9.44. USE OF DEVICE TO PROTECT PROPERTY. The justification afforded by Sections 9.41 and 9.43 applies to the use of a device to protect land or tangible, movable property if:
(1) the device is not designed to cause, or known by the actor to create a substantial risk of causing, death or serious bodily injury; and
(2) use of the device is reasonable under all the circumstances as the actor reasonably believes them to be when he installs the device.

CIVIL PRACTICE AND REMEDIES CODE
Sec. 83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.

IANAL. Interpretation of the law is left to you and your attorney.

[WildBill]

Would Texas consider this a "booby trap" if I used it in my house to deter criminals? http://burglarbomb.com/AB-2000.aspx

Does the Texas Penal Code define "Booby Trap"?

What is wrong with that?

IANAL so I have no legal advice or opinion to give. What is wrong is that there is no decision-making device [brain] attached to the trigger. It would be like a person sitting in their house with a gun in their hand, finger on the trigger, and shooting every time a door is opened. The simple act of opening a door does not constitute a home invasion or any other crime.

I realize that the original question was about a pepper spray device, rather than a gun, but the same rational applies.

[Hector]

If that's morally wrong, so are guard dogs.

[MoJo]

Dispensing that much pepper spray inside a house would make the whole house untenable for a long time. Kind of like shooting yourself to keep from being mugged it just doesn't make sense to me. YMMV.

[mrvmax]

Dispensing that much pepper spray inside a house would make the whole house untenable for a long time. Kind of like shooting yourself to keep from being mugged it just doesn't make sense to me. YMMV.

It would be in my garage, no way to enter the house but would make it impossible to be in the garage. I never thought of it as being a booby trap since it is designed to "exclude" people from the area and pepper spray is not designed to kill anything. I am quite familiar with booby traps since I was in EOD in the military, I am fully capable of making a booby trap that could kill and could not be defeated if I wanted to - but that is not my intention. I just want to keep people from stealing things from my garage. This being non lethal did not strike me as being wrong. I realize if someone has asthma it may kill them, but they should not be stealing things from my garage if they have asthma anyway!

[RPB]

I agree with WildBill; in a "shoot-don't shoot situation" devices/booby traps which can cause death or serious injury can't make that decision; that's what the problem is.

4 oz. OC pepper spray aerosol can
4 Oz? I have cologne bottles and deodorant dispensers bigger than that; I used to shop at "cheaper by the gallon perfumery"

However I believe "large" pepper sprays are illegal in Texas;
much like Large Pepsi in New York.

I'm sure that's why you'd need more than one small drink ... errr I mean small dispenser
(16oz. Canister probably illegal in Texas- I had to get rid of all mine long ago)
http://www.pepper-spray-store.com/produ ... t-16.shtml" onclick="window.open(this.href);return false;

http://www.statutes.legis.state.tx.us/D ... /PE.46.htm" onclick="window.open(this.href);return false;
Sec. 46.01. DEFINITIONS. In this chapter:
(14) "Chemical dispensing device" means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being.

Sec. 46.05. PROHIBITED WEAPONS.
(8) a chemical dispensing device;

Note that "personal protection" isn't "protection of property"

but.. trip line ?
seriously, a trip wire instead of a motion detector?

A skunk smell spray might be a great "trap" non-lethal, they'd leave fast and police can find the guy later pretty easily, and even if police/dogs lose him, stores can alert police when someone buys 8 gallons of tomato juice or tries to pawn a TV/gun/stolen item which smells like a skunk. I should patent that ...
Skunk Scent Burglar Deterrent + Notification Tracker
Just find a way to aerosol-ize the skunk scent instead of Pepper spray
https://www.google.com/search?q=skunk+s ... =firefox-a" onclick="window.open(this.href);return false;

No charge for the wonderful relaxing "smell of a Country Vacation" you'll enjoy all over your house for the 24 hours following a burglary; perhaps it can take your mind off the temporary loss of whatever property you'll probably get back soon.

[A-R]

You're problem would be liability if someone other than a person with criminal intent set this thing off and was injured (pepper spray is an "injury" though perhaps not "serious bodily injury").

I'm no lawyer, but I personally would not use such a device nor recommend it.

[RPB]

You're problem would be liability if someone other than a person with criminal intent set this thing off and was injured (pepper spray is an "injury" though perhaps not "serious bodily injury").

I'm no lawyer, but I personally would not use such a device nor recommend it.

Figure out the skunk smell spray; patent it, if you don't get rich, you can sell stinkin' badgers.

[youtube]http://youtube.com/watch?v=gx6TBrfCW54[/youtube]

[jmorris]

Hmm, make it like those shopping carts wired to lock up if they get too far away. Centrally located transmitter, small inconspicuous spray emitter on each item you want to protect. Item gets too far away, piiisssstttt! Course, you might want to make sure your transmitter is on battery backup, and maybe have a backup transmitter or two. Or thee.

[WildBill]

What about an exploding dye pack used by banks?

[youtube]http://youtube.com/watch?v=-VZm34vTI1M[/youtube]

[recaffeination]

This seems to have less potential for serious bodily injury than barbed wire on top of a chain link fence. Is that illegal?

[WildBill]

This seems to have less potential for serious bodily injury than barbed wire on top of a chain link fence. Is that illegal?

I don't know that anyone said that the "burglar bomb" was illegal. OTOH, barbed wire on top of a chain link fence is clearly visible so it isn't a "booby trap."