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Kinda got yourself to blame
(thelemmy.club)
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I don't necessarily disagree with this, but there is a rather large grey area that needs to be addressed. Sure, you should be able to reasonably defend your property. But what about unexpected visitors such as neighbors, missionaries, salespeople (I don't like them but that's not a reason to maim), and others who aren't necessarily invited but otherwise have no malicious intent?
A booby trap isn't going to differentiate between someone breaking in vs an innocent (though unexpected) visitor. And that's where the distinction lies.
If I had a guard dog who I trained to attack intruders, would that be considered booby trapping? Do the same threats not exist in that scenario for uninvited guests? My argument is that any innocent person should be legally allowed to defend themselves and their property. If they accidentally hurt another innocent, then charge them with that.
Good question, honestly. But no. That's a whole different set of laws.
Depends what you plan to use for a hypothetical booby trap.
And I agree with you on that. I'm a proponent of castle doctrine (to a point), but it doesn't account for booby traps.
That's what the current booby trap laws already do. They aren't meant to protect criminals, rather it's to protect innocent people who stumble onto said booby traps.
If they bypass a locked door while I'm not home and go up my stairs hitting the tripwire that drops the paint cans, that's a reason.
When you hear "booby trap for thief" are you thinking "c4 that detonates when you press the doorbell?"
I mean, that is the general idea of a booby trap. Maybe not C4 or a rigged up shotgun, but still an automated trap that is meant to cause harm to potential thieves.
Right, but your list of potential non-thieves was
So, either you think booby traps are sprung simply on door knocks/bells, or you think neighbors, missionaries, and salespeople can reasonably enter your home and make it to your internal traps without express permission or consent to be on the property.
Lets say I set up a whole ass grenade bouquet. A Mormon knocks on my door, nothing happens. The Mormon leaves, nothing happens. A Sales guy shows up next, rings the bell, nothing happens. He thinks "dude's not home, let's go inside anyway" and breaks in, he goes up the stairs and hits a tripwire...
But why was the sales guy inside? I don't care if he "just wanted to leave Verizon literature on my pillow" or if he was a "thief," he shouldn't have broken in.