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Reply #52: Per Wiki, at least: [View All]

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mondo joe Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-28-07 11:06 AM
Response to Reply #12
52. Per Wiki, at least:
Conditions of use

Each state differs with respect to the specific instances in which the Castle Doctrine can be invoked, and what amount of retreat or non-deadly resistance (if any) is required before deadly force can be used.

In general, one (sometimes more) of a variety of conditions must be met before a person can legally use the Castle Doctrine:

* An intruder must be making an attempt to forcibly enter a premises uninvited
* The intruder must be acting illegally -- i.e. the Castle Doctrine does not give the right to shoot officers of the law acting in the course of their legal duties
* The occupant(s) of the home must reasonably believe that the intruder intends to inflict serious bodily harm, or death, upon an occupant of the home
* The occupant(s) of the home must reasonably believe that the intruder intends to commit a felony
* The occupant(s) of the home must reasonably believe that the intruder intends to commit arson
* The occupant(s) of the home must reasonably believe that the intruder intends to commit burglary
* The occupant(s) of the home must not have provoked or instigated an intrusion, or provoked or instigated an intruder to threaten or use deadly force

In all cases, the occupant(s) of the home must be there legally, must not be fugitives from the law, must not be using the Castle Doctrine to aid or abet another person in being a fugitive from the law, and must not use deadly force upon an officer of the law or an office of the peace while they are performing or attempting to perform their legal duties.

Note: the term "home" is used because most states only apply their Castle Doctrine to a place of residence; however, some states extend the protection to other legally-occupied places such as automobiles and places of business.
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