Has anyone done this before ? Id like to do this to two windows on
the backside of my house which is ideal to break into since I back up
to a dark forest. Have had problems with the next door neighbor
vandalizing on a small scale but its escalating. SInce the aluminum
sash is surrounded by non conducting wood and vinyl siding, Im hoping
it is as simple as bringing the hot of a 115 v. outlet to the sash and
fastening it tightly down. I live by myself so theres no concern for
others getting accidentally shocked. The house is in FLorida which
just passed new laws in October saying essentially, that, homeowners
dont need to retreat and can stand their ground with a person breaking
in. Tips please on using this method ? Thanks.
Agreed. Potentially lethal booby traps, spring guns, et al, are NOT
covered under the 'no duty to retreat' thing. Most states, they are
specifically called out as illegal. A wandering kid, a utility guy, or
an emergency services worker that HAD to make entry, could fall victim.
No duty to retreat means you can stand there with a shotgun aimed at the
burglar, and use it if you feel your life is at risk. And the DA pretty
much has to take your word for it. (Does the Florida law also address
the civil suits from the burglar's family?)
On the slim chance this isn't a troll, there are all sorts of less
lethal solutions available. Motion-sensor lights and alarms, security
bars (with interior release so you don't get trapped in a fire), better
window latches, plastic glazing that is harder to break, a dog in the
back yard, and so on and so on.
I've often wondered about this: If a booby trap is illegal, would a
remote controlled weapon be illegal if it could only go off if you
triggered while watching the perp on a video system or periscope?
If you're on the second floor, you hear a noise, look out the window
to see a do-bad prying open a first floor window and you hit the
switch that supplies power to that old power company transformer you
found in the woods which when hooked up in reverse takes the 240 volts
from your house and turns it into 4,160 volts applied to the window
frames, would that be illegal? Just wondering. 8-)
I swear officer, a bolt of lightning came out of the clear blue sky.
It must have been punishment from a higher power (no pun).
Excellent summary. The law rarely equates the value of property with that
of life, even a low-life scum-sucking house burglar. You can take a life
defending your life, but taking a life defending only property is probably
going to get your butt in jail. Obviously any sort of "deadfall" that
operates when you're not even there is equating the value of your property
with that of a human life. Courts almost uniformly are against taking the
law into your own hands because it cuts them out of the loop. (-: As you
noted, the law is mostly concerned with you accidentally executing a public
servant like a cop or a fireman.
TEXAS PENAL CODE: Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
justified in using deadly force against another to protect land or tangible,
(1) if he would be justified in using force against the other under Section
(2) when and to the degree he reasonably believes the deadly force is
(A) to prevent the other's imminent commission of arson, burglary,
robbery, aggravated robbery, theft during the nighttime, or criminal
mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing
burglary, robbery, aggravated robbery, or theft during the nighttime from
escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other
(B) the use of force other than deadly force to protect or recover the
land or property would expose the actor or another to a substantial risk of
death or serious bodily injury.
I said "rarely" and stand by that. Texas is the exception to a LOT of
rules. Even their "property exemption" has some serious limitations:
"Cannot be protected by other means" and "would expose the actor or another
to substantial risk" and apparently, only at night. My guess is that it's
worded that way to aloow the DA to decide whether you meet those rather
I'm not sure our sash executioner would fall under those exemptions. Wait,
I take that back. I *am* sure those exemptions don't concern him: He's
already told us he's a Floridian working under their penal codes.
My journalism prof once said "If you want to commit adultery, don't do it in
Texas!" because Texas was then well-known as a place where you could
*still* shoot your wife's lover without serious consequence. Probably still
is, at least in the rural counties. They call it "misdemeanor murder" and
it's a reason I said earlier: don't do the crime if you're ugly. MM is a
term that loosely means the murder of an unsympathetic victim that results
in probation instead of real hard time or judicial homicide.
The excerpt you submitted is not typical of most state penal codes involving
the use of deadly force to defend property, AFAIK.
My guess is that it's a holdover from the good ol' days of "Lonesome Dove"
where rustlers were routinely used to decorate trees. From ropes. Even if
they used to be your riding buddies. That pioneer spirit dies hard and so
did the rustlers.
Well, yeah, it's not like you get a free shot. On the other hand, it's your
word against a dead man's. And nighttime applies only to theft or criminal
mischief. You can shoot a burglar et al during the daytime. Criminal
mischief includes such things as wheelies in the lawn, burning crosses, or
papering a house.
Used to be. We called it the "Paramour Statute." But the courts so narrowed
its application that you had to literally shoot the dude out of the saddle.
So to speak.
Very famous case where the husband shot and killed both the wife and her sex
partner. The DA couldn't prosecute for the death of the lover, so he tried
the husband for the murder of the wife. The defense was simple: Since the
husband was in the performance of a lawful act (killing the sampler), and
there was no showing of negligence on the part of the husband, the homicide
could be of a degree no higher than "excusable," for which there is no
The state's "Paramour Statute" has been replaced with the common law defense
of "But yer honor, he needed killin' " defense.
Nope. Actually added during the massive revision of the Penal Code in 1976.
Depends on how unsympathetic your victim is. I think shooting New Yawkers
is still relatively punishment free, if they "needed killing."
And that's the way I like it. It's why my cop buddies say: "If you're
going to shoot, shoot to kill." Which is why you should have an orphaned
screwdriver (i.e. not 1 of a set of 6 from your toolbox) around to insert
into the dead man's hand so it's self defense. Might not work so well if
you kill a relative, although there was a case recently where a man shot his
newlywed wife thinking she was a burglar - and walked. I always wondered
whether he just decided he didn't really like being married after all.
There was a case here where a foreign student was shot because he went to
the wrong house, in costume, for a Halloween party. When he wouldn't leave,
and continued making gestures and speaking in Turkish (IIRC), the homeowner
shot him. And walked. The law here *expects* you to call the police in
such situations but the reality is that the response time lag often means
the damage is already done by the time they arrive. My experience has been
A while back, I saw someone skulking about in the backyard at 11PM on my IR
CCTV. I went and got my Glock and my 2M candlepower spot. Turns out the
spotlight blinded him so severely that he couldn't see to run away! He just
stood there, blinking hard, trying to spin a yarn about why he was in my
The cops showed up within 2 minutes of being called and arrested him and his
buddy in a car waiting down the street. And, to my delight, both resisted
arrest. I don't know if PG County Maryland's rep extends much beyond the DC
area, but out of all the cops to resist, they are not to be f*cked with. I
was hoping they would have tasered the MF, but I guess a couple of whacks
with a nightstick, a sap or a maglight are just as good.
Yes, I forgot to mention getting off was only a sure thing if you caught
them "in flagrante delicto."
I wonder if it has any deterrent effect on adultery? Somehow, knowing how
the little head thinks, I doubt it.
(-: That covers a lot of people.
Haven't you ever seen "Walker, Texas Ranger?" They may have passed it in
1976 but I'm betting the sentiment behind it was very much 1876 based.
Once. Show is pure fiction.
In the show, Walker travels with his faithful Negro companion, James
Trivette. In real life, Rangers are not often seen together inasmuch as
there's only one Ranger for each of Texas' 254 counties.
Now you are insulting fiction. Pure BS, maybe. It is hilarious to watch,
however, to see how many police procedures can be violated within 60
minutes. The Hawaii 50 reboot is lookding to beat their record, from what
I've seen, but they've got a ways to go.
You know an awful lot about it for seeing one episode. Hmmmmmm. (-:
On Tue 26 Oct 2010 12:49:11a, Robert Green told us...
Friends of mine wired their steel doors and window frames with the
same equipment that powers an electric fence to keep livestock
inside. Enough to give you a good wallop, but not usually enough to
~~ If there's a nit to pick, some nitwit will pick it. ~~
Neither a punch to the jaw nor tattooing a giant penis on the subject's back
are likely to lead to death, but they are still assaults.
Right. The comment was whether deadly force could be used to defend
property. In Texas, it can. In more benighted realms, some evidently feel
that no property is worth a human life, not even a lawnmower or pot plant.
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