trespassing laws (Georgia)
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You can only use the same amount of force as they use against you. In other words if someone punches you. You CANNOT shoot them and claim self defense...I would go to your local police/sherriff department and speak with the shift commander face to face.Tell them the situation etc....
So, Georgia's new self defense law has nothing to do with this?
I am pretty sure Georgia is a Castle Doctrine state. Meaning you have no duty to retreat. Deadly force is authorized against Violent attackers and unlawful intruders that you believe will commit a violent attack.
Why cant they just make it simple?
06 LC 35 0027
House Bill 1061
By: Representatives Wix of the 33rd, Teilhet of the 40th, Porter of the 143rd, Jamieson of the 28th, Powell of the 29th, and others
A BILL TO BE ENTITLED
AN ACT
To create and establish the "Georgia Right to Self-defense Act of 2006"; to amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse in criminal prosecutions, so as to provide that under certain circumstances there is no duty to retreat when using force in defense of self or others or in defense of habitation; to create a legal presumption for the reasonable use of force in self-defense cases; to amend Article 1 of Chapter 11 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for defenses to tort actions, so as to provide immunity from civil action for the use of force in defense of self or others; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Georgia Right to Self-defense Act of 2006."
SECTION 2.
Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse in criminal prosecutions, is amended by striking subsection (a) of Code Section 16-3-21, relating to the use of force in defense of self or others and evidence of belief that force was necessary in murder or manslaughter prosecutions, and inserting in its place a new subsection (a) to read as follows:
"(a) A person is justified in threatening or using force against another and does not have a duty to retreat when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such otheŕs imminent use of unlawful force; however, except as provided in Code Section 16-3-23, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony."
SECTION 3.
Said article is amended further by striking Code Section 16-3-23, relating to the use of force in defense of habitation, and inserting in its place a new Code Section 16-3-23 to read as follows:
"16-3-23.
(a) A person is justified in threatening or using force against another and does not have a duty to retreat when and to the extent that he or she reasonably believes that such threat or force is necessary to prevent or terminate such otheŕs unlawful entry into or attack upon a habitation; however, such person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:
(1) The entry is made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence;
(2) That force is used against another person who is not a member of the family or household and who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using such force knew or had reason to believe that an unlawful and forcible entry occurred; or
(3) The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.
(b) A person is presumed to have held a reasonable fear of imminent threat of death or serious bodily injury to himself or herself or to another when using defensive force that is intended or likely to cause death or great bodily harm to another if the person against whom the defensive force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered upon an occupied habitation and the person who uses defensive force knew or had reason to believe that an unlawful and forcible entry was occurring or had occurred."
SECTION 4.
Said article is amended further by striking Code Section 16-3-24.1, relating to defining habitation and personal property, and inserting in its place a new Code Section 16-3-24.1 to read as follows:
"16-3-24.1.
As used in Code Sections 16-3-23 and 16-3-24, the term 'habitation' means any dwelling, motor vehicle, camper or other similar shelter generally used for occupation overnight, or place of business, and 'personal property' means personal property other than a motor vehicle."
SECTION 5.
Article 1 of Chapter 11 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for the defenses to tort actions, is amended by striking Code Section 51-11-9, relating to immunity from civil liability for threat or use of force in defense of habitation, and inserting in its place a new Code Section 51-11-9 to read as follows:
"51-11-9.
A person who is justified in threatening or using force against another under the provisions of Code Section 16-3-21 or 16-3-23, relating to the use of force in defense of self or others or defense of a habitation, respectively, shall not be held liable in any civil action brought as a result of the threat or use of such force."
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.
06 LC 35 0027
House Bill 1061
By: Representatives Wix of the 33rd, Teilhet of the 40th, Porter of the 143rd, Jamieson of the 28th, Powell of the 29th, and others
A BILL TO BE ENTITLED
AN ACT
To create and establish the "Georgia Right to Self-defense Act of 2006"; to amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse in criminal prosecutions, so as to provide that under certain circumstances there is no duty to retreat when using force in defense of self or others or in defense of habitation; to create a legal presumption for the reasonable use of force in self-defense cases; to amend Article 1 of Chapter 11 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for defenses to tort actions, so as to provide immunity from civil action for the use of force in defense of self or others; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Georgia Right to Self-defense Act of 2006."
SECTION 2.
Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse in criminal prosecutions, is amended by striking subsection (a) of Code Section 16-3-21, relating to the use of force in defense of self or others and evidence of belief that force was necessary in murder or manslaughter prosecutions, and inserting in its place a new subsection (a) to read as follows:
"(a) A person is justified in threatening or using force against another and does not have a duty to retreat when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such otheŕs imminent use of unlawful force; however, except as provided in Code Section 16-3-23, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony."
SECTION 3.
Said article is amended further by striking Code Section 16-3-23, relating to the use of force in defense of habitation, and inserting in its place a new Code Section 16-3-23 to read as follows:
"16-3-23.
(a) A person is justified in threatening or using force against another and does not have a duty to retreat when and to the extent that he or she reasonably believes that such threat or force is necessary to prevent or terminate such otheŕs unlawful entry into or attack upon a habitation; however, such person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:
(1) The entry is made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence;
(2) That force is used against another person who is not a member of the family or household and who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using such force knew or had reason to believe that an unlawful and forcible entry occurred; or
(3) The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.
(b) A person is presumed to have held a reasonable fear of imminent threat of death or serious bodily injury to himself or herself or to another when using defensive force that is intended or likely to cause death or great bodily harm to another if the person against whom the defensive force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered upon an occupied habitation and the person who uses defensive force knew or had reason to believe that an unlawful and forcible entry was occurring or had occurred."
SECTION 4.
Said article is amended further by striking Code Section 16-3-24.1, relating to defining habitation and personal property, and inserting in its place a new Code Section 16-3-24.1 to read as follows:
"16-3-24.1.
As used in Code Sections 16-3-23 and 16-3-24, the term 'habitation' means any dwelling, motor vehicle, camper or other similar shelter generally used for occupation overnight, or place of business, and 'personal property' means personal property other than a motor vehicle."
SECTION 5.
Article 1 of Chapter 11 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for the defenses to tort actions, is amended by striking Code Section 51-11-9, relating to immunity from civil liability for threat or use of force in defense of habitation, and inserting in its place a new Code Section 51-11-9 to read as follows:
"51-11-9.
A person who is justified in threatening or using force against another under the provisions of Code Section 16-3-21 or 16-3-23, relating to the use of force in defense of self or others or defense of a habitation, respectively, shall not be held liable in any civil action brought as a result of the threat or use of such force."
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.
The highlighted sections are the meat of this Act. The underlined section is the exception, where you cant use deadly force.
It appears under the first section, that deadly force can be used for self-defense and defense of others when outside the home, if you are in imminent threat of serious bodily injury or death or the victim of a forcible felony. Additionally, there is no duty to retreat, as there had previously been.
The other section refer to defense of habitation (home). You must "reasonably" believe that use of force is necessary to protect your place of habitation (which includes your house, car, motor home, camper, place of business, or "other" property) from unlawful entry into or attack on habitation. Also, the entry is made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence.
Trespassers
Since the thread concerned trespassers...NO- you can't shoot them unless they put you in fear of life ending danger. In Ga. you "post" your property with No Trespassing signs, or you tell someone t leave- and they fail to do so. There is also- "ntering for an unlawful purpose"...and the burden in on the State to prove what that unlawful purpose is.
Regardless of how Ga's law sounds/reads- you cannot blast a simple trespasser- Although the thought of the neighbors dog does cross my mind on occasion..
Since the thread concerned trespassers...NO- you can't shoot them unless they put you in fear of life ending danger. In Ga. you "post" your property with No Trespassing signs, or you tell someone t leave- and they fail to do so. There is also- "ntering for an unlawful purpose"...and the burden in on the State to prove what that unlawful purpose is.
Regardless of how Ga's law sounds/reads- you cannot blast a simple trespasser- Although the thought of the neighbors dog does cross my mind on occasion..
Trying to remember all of that when you're in the heat of the moment could get you killed.
If someone breaks into my house at 3:00 am, I'm probably just going to shoot them. I doubt I'd stand there and try to remember all the details of the "law" while some criminal is loose in my house. Hesitating could get me killed.
I'm going to assume that if you break into my house, you're not there to watch TV and eat cookies.
The meat of the Georgia law looks mostly reasonable though, unlike in the liberal state of Illinois. We have "criminals rights" and absurd anti-gun laws here.
If someone breaks into my house at 3:00 am, I'm probably just going to shoot them. I doubt I'd stand there and try to remember all the details of the "law" while some criminal is loose in my house. Hesitating could get me killed.
I'm going to assume that if you break into my house, you're not there to watch TV and eat cookies.
The meat of the Georgia law looks mostly reasonable though, unlike in the liberal state of Illinois. We have "criminals rights" and absurd anti-gun laws here.
Home Invasion
"Home Invasion" is a different beast all together- and the reason behind the law change. Unfortunately we have a lot in this area...and if you are awakened to someone breaking into your home or bedroom you are within your right to defend yourself.
One caveat....make sure it's not Fire or Police Dept ...breaking in to get you out as there may be a public safety issue..house or neighbor house on fire..and then there are the "no knock" search and arrest warrants where police come unannounced...
"Home Invasion" is a different beast all together- and the reason behind the law change. Unfortunately we have a lot in this area...and if you are awakened to someone breaking into your home or bedroom you are within your right to defend yourself.
One caveat....make sure it's not Fire or Police Dept ...breaking in to get you out as there may be a public safety issue..house or neighbor house on fire..and then there are the "no knock" search and arrest warrants where police come unannounced...
It's not that I want to just blast the UPS man, or just anyone who comes onto my property, but I would think that If I was robbing a home or garage, and someone walked in on me, I would be doing anything and everything in my power to get away from them. So, I would presume that anyone in my home or garage without my permission would do anything necessary in getting what that came for , even if thats harming me. Why would the law look it in any other way?
Because you said trespassing on your property. If it were only trespass, no one would be in your garage or home. What Jeff was telling you is that you cant just lean out the window and shoot someone on your property because they are there and you feel they might enter your dwelling.
I Understand. I guess I asked the wrong question then. I should have asked about breaking and entering of your home or garage.
Why shoot unless your life is in danger? Why not hold them up until the law is present on scene?
Well, Most likely if they have the balls to be breaking in my stuff, then they will be willing to do what it takes to get out of the situation. Then again, even if I can hold them up until the law is there, they will be back on the streets in a short time doing it again, and possibly coming back to get the rest of my stuff or even coming back after me for revenge. You should just be able to take care of some stuff right then and there if you know what I mean.
Don't just shoot some guy in the back for being inside your house, if they charge at you when they see/hear you, you're good to fire.
*removed by moderator* this isnt smackdown, so calling out other member wont fly here!
I would not want to kill someone over my possessions
I'm glad to hear someone say that. Those that say they will- probably have not had to do so. I hope that day never comes to anyone. I have seen many "justifiable" killings in which the shooter never really recovers..Call it post traumatic stress syndrome or whatever you want. That's why most police depts offer or mandate counseling. Their shootings are over potential life ending situations..However, to take a life just based on stealing "stuff"- I would not want that burden on my shoulders.
To be up close and "personal" and watch the life drain out of somebody..is a sad sight regardless of who it is.
I couldnt have said it better. I have been involved in "agent/officer involved shootings." Taking a life, even the life of a scumbag, has a lot of repercussions. It effects even the strongest, most well trained person in a deep way.
If someone was sneaking in my window or some shit at night, i would lock and load, and tell them i have a gun and will not hesitate to you it. if they run, then i'd let them go. if they attack, then it's on. my thing is, it might be a kid, so i would use shooting a last resort. perhaps a warning shot...depends on the situation.
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