Trespassing criminal vs civil in pennsylvania

Retrieved The "Castle Doctrine" is a long-standing American legal concept arising from English Common Law that provides that one's abode is a special area in which one enjoys certain protections and immunities, that one is not obligated to retreat before defending oneself against attack, and that one may do so without fear of prosecution. The domicile was inviolable. London: Telegraph. Maguire, 9 Cal. Terry , who ironically, was later killed by order of Associate Supreme Court Justice Field under the guise of self-defense.

Boone, 71 Cal.

Example: "That the King can do no wrong, is a necessary and fundamental principle of the English constitution. Wild West Magazine. Retrieved 13 April See e. Hawes 52 Conn. Murphy Mich. Keene 85 Minn.

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Lubeley Mo. Deaver N. Manatt 72 Okla. Walton 16 Tenn. Dyer Tex. Crites Utah , [ [71 Cal. See also Whitney v. Brown 75 Kan. See Daluiso v.

Connecticut General Assembly. The State of Connecticut. Retrieved June 2, The Castle Doctrine and "stand-your-ground" laws are affirmative defenses for individuals charged with criminal homicide The doctrine is not a defined law that can be invoked, but is a set of principles which is incorporated in some form in the law of most states. Shelton, Va. Supreme Court of Virginia. April 23, It will be observed that the statute [of forcible entry] does not in express terms deprive the owner of the common-law right to take possession by reasonable force of premises to which he may be entitled.

New York Times. State of Connecticut. Retrieved 8 September Drennon, P. McNeese, P. Zukowski, P. Boone , 71 Cal. See case annotated here: Official California Reports Opinions ". Glowacki, N.

Archived from the original on Pacific Daily News. Retrieved February 3, Primera Hora. The Daily Nonpariel.

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Archived from the original on February 24, Cowdry 23 Vt. Official Vermont Reports, Vol. Retrieved July 27, And if such be the undeniable rights of the parties, under the statute, it is difficult to see, why, if the party waive all penalty under the statute, he may not sustain trespass qu. Their [defendants'] right to possession gave them no more right to enter in that manner [by force], than if they had been mere strangers. Government of South Australia.

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Retrieved 27 July Retrieved on Retrieved 18 March The Irish Times. Archived from the original on 15 January Human Rights in Ireland. Archived from the original on 8 April The Jerusalem Post. Archived from the original on 19 June Retrieved 15 July Categories : Criminal defenses Homicide U.

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What Is Criminal Trespassing

Views Read Edit View history. By using this site, you agree to the Terms of Use and Privacy Policy. Notwithstanding any other provision of this chapter, a person is justified in threatening to use or using physical force or deadly physical force against another person if the person reasonably believes himself or another person to be in imminent peril of death or serious physical injury and the person against whom the physical force or deadly physical force is threatened or used was in the process of unlawfully or forcefully entering, or had unlawfully or forcefully entered, a residential structure or occupied vehicle, or had removed or was attempting to remove another person against the other person's will from the residential structure or occupied vehicle.

The General Assembly finds that the current laws regarding self-defense and the use of deadly physical force in self-defense or in defense of another person are adequate in that the law explicitly does not require a person to retreat from certain life-threatening confrontations if a person cannot do so safely. However, the General Assembly finds that there is currently not enough protection from civil liability for a person who rightfully uses deadly physical force in self-defense or in defense of another person.

The General Assembly finds that a more robust civil immunity statute is necessary to protect a person from civil damages stemming from an incident when he or she lawfully uses deadly physical force in self-defense or in defense of another person. Undoubtedly, if he can do so without a forcible disturbance of the possession of another; but the peace and good order of society require that he shall not be permitted to enter against the will of the occupant, and hence the common law right to use all necessary force has been taken away.

He may be wrongfully kept out of possession, but he cannot be permitted to take the law into his own hands and redress his own wrongs. The remedy must be sought through those peaceful agencies which a civilized community provides for all its members. A person in possession or control of premises, or a person who is licensed or privileged to be in or upon such premises, is justified in using reasonable physical force upon another person when and to the extent that he reasonably believes such to be necessary to prevent or terminate the commission or attempted commission of a criminal trespass by such other person in or upon such premises; but he may use deadly physical force under such circumstances only 1 in defense of a person as prescribed in section 53a, or 2 when he reasonably believes such to be necessary to prevent an attempt by the trespasser to commit arson or any crime of violence, or 3 to the extent that he reasonably believes such to be necessary to prevent or terminate an unlawful entry by force into his dwelling as defined in section 53a, or place of work, and for the sole purpose of such prevention or termination.

Home protection; use or threatened use of deadly force; presumption of fear of death or great bodily harm. No duty to retreat prior to use of force in self-defense. Use of deadly force justified. Specific legislation prevents filing claim against defender of dwelling. Illinois has no requirement of retreat. No duty to retreat from dwelling, curtilage , or occupied motor vehicle.

In , an amendment was made to the code to address the issue of force against a public servant. The amendment states: "A person is not justified in using deadly force against a public servant whom the person knows or reasonably should know is a public servant unless: 1 the person reasonably believes that the public servant is: A acting unlawfully; or B not engaged in the execution of the public servant's official duties; and 2 the force is reasonably necessary to prevent serious bodily injury to the person or a third person. KRS LA RS Deadly force justified to terminate criminal trespass AND another crime within home, or to stop unlawful and imminent use of deadly force, or to effect a citizen's arrest against deadly force; duty to retreat not specifically removed [30].

See Maryland self-defense.

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Case-law, not statute, incorporates the common law castle-doctrine into Maryland self-defense law. Invitees or guests may have duty to retreat based on mixed case law. Section 8A. In the prosecution of a person who is an occupant of a dwelling charged with killing or injuring one who was unlawfully in said dwelling, it shall be a defense that the occupant was in his dwelling at the time of the offense and that he acted in the reasonable belief that the person unlawfully in said dwelling was about to inflict great bodily injury or death upon said occupant or upon another person lawfully in said dwelling, and that said occupant used reasonable means to defend himself or such other person lawfully in said dwelling.

There shall be no duty on said occupant to retreat from such person unlawfully in said dwelling. No duty to retreat before using deadly force to prevent a felony in one's place of abode; no duty to retreat before using deadly force in self-defense in one's place of abode [33] This isn't as clear as it appears, however. There are four cases in Minnesota where duty of retreat was upheld.

This presumption shall not apply if the person against whom defensive force was used has a right to be in or is a lawful resident or owner of the dwelling, vehicle, business, place of employment or the immediate premises thereof or is the lawful resident or owner of the dwelling, vehicle, business, place of employment or the immediate premises thereof or if the person who uses defensive force is engaged in unlawful activity or if the person is a law enforcement officer engaged in the performance of his official duties; 4 A person who is not the initial aggressor and is not engaged in unlawful activity shall have no duty to retreat before using deadly force under subsection 1 e or f of this section if the person is in a place where the person has a right to be, and no finder of fact shall be permitted to consider the person's failure to retreat as evidence that the person's use of force was unnecessary, excessive or unreasonable.

Extends to any building, inhabitable structure, or conveyance of any kind, whether the building, inhabitable structure, or conveyance is temporary or permanent, mobile or immobile e. The defense against civil suits is absolute and includes the award of attorney's fees, court costs, and all reasonable expenses incurred by the defendant in defense of any civil action brought by a plaintiff.

Use of force in defense of occupied structure. Not required to retreat if he or she is within his or her dwelling, its curtilage, or anywhere he or she has a right to be, and was not the initial aggressor. An individual may respond to a threat of serious bodily injury or death by displaying a firearm or other method of self-defense. Deadly force is justified if the aggressor is about to use unlawful, deadly force, is likely to use any unlawful force against a person present while committing or attempting to commit a burglary, is committing or about to commit kidnapping or a forcible sex offense, or is likely to use any unlawful force in the commission of a felony against the individual within their dwelling or its curtilage.

Retreat required if actor knows he can avoid necessity of deadly force in complete safety, etc. Retreat required if actor knows that with complete personal safety, to oneself and others, he or she may avoid the necessity of using deadly force by retreating, except that the actor is under no duty to retreat if he or she is in his or her dwelling and not the initial aggressor.

Use of force in defense of person; relief from criminal or civil liability. When deadly force is used in lawful self-defense, or in lawful defense of others, if such force is necessary to protect the actor or anyone else against death, serious bodily injury, or the commission of a felony involving violence, An individual is not required to retreat within or from that individual's dwelling or place of work or from an occupied motor home or travel trailer, unless the individual was the original aggressor or is assailed by another individual who the individual knows also dwells or works there or who is lawfully in the motor home or travel trailer.

Also, deadly force is permitted in defense of property when used by an individual in possession or control of a dwelling, place of work, or an occupied motor home or travel trailer, or by an individual who is licensed or privileged to be there, if the force is necessary to prevent commission of arson, burglary, robbery, or a felony involving violence upon or in the dwelling, place of work, or occupied motor home or travel trailer, and the use of force other than deadly force for these purposes would expose any individual to substantial danger of serious bodily injury.

Extends to vehicles of self and immediate family; effective September 9, ORS [7]. Use of force justifiable in a range of scenarios without a duty to retreat specified. Oregon Supreme Court affirmed in State of Oregon v. Sandoval that the law "sets out a specific set of circumstances that justify a person's use of deadly force that the person reasonably believes that another person is using or about to use deadly force against him or her and does not interpose any additional requirement including a requirement that there be no means of escape.

The most recent version of Pennsylvania's Castle Doctrine legislation was signed into law in June The law extends the right to self-defense up to and including deadly force in a victim's dwelling now including any attached porch, deck or patio , occupied vehicle, or any other dwelling or vehicle that the victim legally occupies. A place of work is included in the "castle" provision under certain circumstances. Use of deadly force is justifiable if the "castle" area in the event that an assailant is "unlawfully and forcefully entering" or has entered the "castle" area.

The victim must be in "legal possession" of a firearm or other weapon to be justified in the use of that weapon. Use of deadly force to protect an innocent third person is generally allowed in circumstances where the provisions for justifiable self-defense are met.