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Tombstonejim · August 25, 2010, 05:36 PM

Well here is the Arizona statute on use of force for criminal trespass. The catcher is that criminal trespass is not the same as simple trespass. Someone walking, riding driving what ever on your land is not necessarily or automatically criminal trespass. There are three kinds of criminal trespass. The very minimum to be any type of criminal trespass would have to be refusal to leave after being ask to do so. Criminal trespass in itself is a misdemeanor. Shooting someone for committing a misdemeanor is probably going to get you put in jail a long time.

13-407. Justification; use of physical force in defense of premises

A. A person or his agent in lawful possession or control of premises is justified in threatening to use deadly physical force or in threatening or using physical force against another when and to the extent that a reasonable person would believe it immediately necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises.

B. A person may use deadly physical force under subsection A only in the defense of himself or third persons as described in sections 13-405 and 13-406.

C. In this section, "premises" means any real property and any structure, movable or immovable, permanent or temporary, adapted for both human residence and lodging whether occupied or not.

August 25, 2010, 05:36 PM	#8
Tombstonejim Senior Member Join Date: October 22, 2007 Location: Tombstone Az Posts: 202	Well here is the Arizona statute on use of force for criminal trespass. The catcher is that criminal trespass is not the same as simple trespass. Someone walking, riding driving what ever on your land is not necessarily or automatically criminal trespass. There are three kinds of criminal trespass. The very minimum to be any type of criminal trespass would have to be refusal to leave after being ask to do so. Criminal trespass in itself is a misdemeanor. Shooting someone for committing a misdemeanor is probably going to get you put in jail a long time. 13-407. Justification; use of physical force in defense of premises A. A person or his agent in lawful possession or control of premises is justified in threatening to use deadly physical force or in threatening or using physical force against another when and to the extent that a reasonable person would believe it immediately necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises. B. A person may use deadly physical force under subsection A only in the defense of himself or third persons as described in sections 13-405 and 13-406. C. In this section, "premises" means any real property and any structure, movable or immovable, permanent or temporary, adapted for both human residence and lodging whether occupied or not. Last edited by Tombstonejim; August 25, 2010 at 05:43 PM.