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    Quote Originally Posted by davsel View Post
    But are you still the "home owner?"
    Yes. But in every part of the law the word used is OCCUPANT. See below.

    Because you were not an occupant when they broke in, and made yourself an occupant AFTER you KNEW there could be a danger and that the police were en route, you're no longer protected under the law.

    The key word is OCCUPANT.

    oc·cu·pant /ˈäkyəpənt/
    Noun
    1. A person who resides or is present in a house, vehicle, etc., at a given time.
    2. The holder of a position or office: "the first occupant of the Oval Office".
    Because you were not an occupant at the given time, and you were aware a danger could be present, you have no protection under the law.

    I'm done now.

    Cameron, I'm sorry I didn't stoop to your level of name calling and actually gave you something logical. Your blatant attempt at baiting me into a confrontation by name calling was pretty childish. Sorry it didn't work.

    Originally Posted by Colorado Revised StatutesTITLE 18. CRIMINAL CODE
    ARTICLE 1.PROVISIONS APPLICABLE TO OFFENSES GENERALLY
    PART 7. JUSTIFICATION AND EXEMPTIONS FROM CRIMINAL RESPONSIBILITY
    C.R.S. 18-1-704.5 (2012)
    18-1-704.5. Use of deadly physical force against an intruder



    (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.
    Last edited by JM Ver. 2.0; 06-20-2013 at 09:28.

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