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Old 01-23-2013, 06:32   #47
Bren
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Join Date: Jan 2005
Location: Kentucky
Posts: 36,872
Quote:
Originally Posted by SgtScott31 View Post
I'm aware of the "castle" doctrines. With regards to these statutes, there's normally an automatic presumption of serious bodily injury or death when the person is in your home. That doctrine has been extended to your car & business in my state (TN).
Kentucky requires no danger to justify deadly force against a burglar or arsonist. One example I use in class is, if you invite your buddy over to a superbowl party and you get in an argument and tell him to leave your house and he says, "I'm not leaving because I'm going to smash your TV" he is then committing a burglary and deadly force is perfectly legal to stop it. The supreme court has mentioned that Kentucky law allows deadly force against anyone who enters or remains unlawfully in your home for5 the purpose of committing ANY crime (felony or misdemeanor). KRS 503.080.

In Colorado
Quote:
18-1-704.5. Use of deadly physical force against an intruder.
The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes.

Notwithstanding the provisions of section 18-1-704, any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry, and when the occupant reasonably believes that such other person might use any physical force, no matter how slight, against any occupant.
Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from criminal prosecution for the use of such force.
Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from any civil liability for injuries or death resulting from the use of such force.
So Colorado's law is, in some ways, less strict than Kentucky. In Kentucky, it has to be your own home to use deadly force against a person who comes in uninvited to steal a loaf of bread, but in Colorado, anybody in the house can do it.
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Last edited by Bren; 01-23-2013 at 06:33..
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