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Old April 29, 2013, 12:26 PM   #20
Patriot86
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Join Date: December 23, 2010
Location: Chicagoland
Posts: 1,293
Illinois as an example has some good but somewhat longwinded laws on the matter

Quote:
(720 ILCS 5/Art. 7 heading)
ARTICLE 7. JUSTIFIABLE USE OF FORCE; EXONERATION


(720 ILCS 5/7-1) (from Ch. 38, par. 7-1)
Sec. 7-1. Use of force in defense of person.
(a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other's imminent use of unlawful force. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony. (b) In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7-4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct.
Quote:
forcible felony is defined in the Criminal Code of 1961:
"treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, aggravated kidnapping, kidnapping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement[,] and any other felony which involves the use or threat of physical force or violence against any individual."
So basically in Illinois, regardless of the weapon the bad guy has you need to show that you were stopping a forcible felony as defined above. Robbery is the easiest one but Without even looking at the motive of an attacker, It could be argued that either a Taser or any kind of pepper spray by themselves can cause great bodily harm. Then again some rogue prosecutor could also just as easily argue AGAINST that but in the end the jury probably sides with you.

We actually have some pretty "good" SD laws here in Illinois
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