Originally Posted by
jim
And he's not going to give up defending his position either. WE know he's incorrect, why waste time or energy.
The owner DID not believe he was in imminent DANGER.
IF KEY WORD IF he felt there was a potential THREAT / Imminent Danger to him. He should have never entered the House. Any prosecutor would have a field day with this.
18-1-704.5. Use of deadly physical force against an intruder/ Make My Day Law
1: The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes.
2: Notwithstanding the provisions of section 18-1-704, any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry, and when the occupant reasonably believes that such other person might use any physical force, no matter how slight, against any occupant.
3: Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from criminal prosecution for the use of such force.
4: Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from any civil liability for injuries or death resulting from the use of such force.
18
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1
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705
Use
Of
Physical
Force
In
Defense
Of
Premises
A person in possession or control of any building, realty, or other premises, or a person who is licensed or privileged to be thereon, is justified in using reasonable and appropriate physical force upon another person when and to the extent that it is reasonably necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission of an unlawful trespass by the other person in or upon the building, realty, or premises
. However, he may use deadly force only in defense of himself or another as described in section 18
Use Of Physical Force In Defense Of Property
A person is justified in using reasonably and appropriate physical force upon another person when and to the extent that he reasonably believes it necessary to prevent what he reasonably believes to be an attempt by the other person to commit theft, criminal mischief, or criminal tampering involving property, but he may use deadly physical force under these circumstances only in defense of himself or another as described in section 18
Again he did not feel there was an Imminent Threat to himself.
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