View Single Post
Old January 10, 2014, 08:23 AM   #20
Tom Servo
Staff
 
Join Date: September 27, 2008
Location: Foothills of the Appalachians
Posts: 13,059
I've corrected the bill number in the thread title.

A few things in the language concern me. We have this in the preamble:

Quote:
Therefore, it is the intent of 49the Legislature that a person be immunized from prosecution if he or she acts in such a manner as to protect life, home, or property from an imminent or actual unlawful activity.
First off is the defense of property clause, with no real limitation given. The second is the definition of "unlawful activity."

Quote:
“Unlawful activity” means:

1) Commission of a crime involving the use or threat of violence.
2) Illegal distribution of a controlled substance; or
3) Use of a residence, commercial structure, or occupied vehicle to commit a crime involving the use or threat of violence or the illegal distribution of a controlled substance.
Then, on line 62:

Quote:
Use force sufficient to effect a lawful arrest.
So, does this authorize folks to take potshots at the drug dealer down the street? The provisions of this law are worryingly broad.
__________________
Sometimes it’s nice not to destroy the world for a change.
--Randall Munroe
Tom Servo is offline  
 
Page generated in 0.02473 seconds with 8 queries