Self Defence? Question for Some One Knowing The Law.?

Question

I live in a double wide mobile home. It has a 4' crawl space underneath it that can be accessed through the skirting around the house.
I also have a psychotic stalker who on occaision crawls under the house to eavesdrop on me.
The last time I called the police they could not find the wako.
Here I found out that this loon had cut a hole in the plastic that covers the insulation and crawled up in to it and hid.
If this person crawls up under the floor boards above the insulation, is that considered to be in my home?
Am I allowed by law to shoot this person while in there?

Answer 1

In the interest of you not going to jail (don't shoot him)...maybe you can make the area unappealing to him so he has to either (1) find a more aggressive way to get into your space thereby garnering police intervention or (2) make him go away completely.

Assuming you are not in a position to move...I'm not sure what is workable, but some ideas that came to mind are:

* Barbed wire fencing around the area.
* A large dog that bites (preferably with rabies j/k)
* Sprinkle itching powder or plant some poison ivy under there.
* Ask a male relative to come visit you or stay over every now and again.

As a person who was once stalked, I understand your dilemma. To everyone else we just seem paranoid and irrational. I don't believe people understand how these situation pervades every moment of our lives in trying to stay safe and on the right side of the law simultaneously.

Above all, please stay safe.

Answer 2

Should you shoot this person while he is in your floorboards and not in your actual presence, you would be in big trouble. For one thing, although someone breaks into your house, you can't just shoot them unless you are certain that your life is in danger of being taken away from you. Likewise if someone in your home, that is suppose to be there, is also in danger of being killed, then you have a right to shoot. It's called self defense. Only if you fear for your life of that of another's can you defend yourself or loved one, (etc.) But you better be certain you only shoot someone because you were sure they were trying to kill you or someone else in your presence.

Just think of the can of worms that would open up if we could just shoot anyone who entered into our house! No, you better take some official gun classes offered either through a community college, police dept or sheriff dept. You can't go around shooting people just because they annoy you!

The description of the person you are talking about seems like a person who is mentally disturbed but not a physical danger.

Get yourself a dog, even a small dog. Once the dog hears the intruder, you can call the police. Visit your local police department and talk to them when you are not upset over this intruder. Explain your problems to them and ask them for suggestions to stop this activity. But for Pete's sake! Don't shoot him. Ease dropping is not a crime punishable by death!

Answer 3

I think I would set a trap for him. Perhaps a huge bear trap that he won't see until its too late and snaps shut. When you set the trap attach a chain to it and secure the chain around something that won't give, so that he can't get away and THEN you call the police. (As soon as you hear the screaming!) He is trespassing. He is on your property. He is there for no good reason other than to stalk. Whatever he gets isn't going to be good enough, after they take him to the ER and patch him up so he can go in front of a judge!

Answer 4

Absolutely not.

There are two common law doctrines involved / confused here.

In all states, self-defense is a good defense to a criminal prosecution.

The elements required to prove self-defense are (1) you believe you are being confronted by unlawful force (aka somebody is trying to hurt you), (2) that belief is reasonable, (3) you believe you must respond with force of your own for the sake of self-preservation (aka you have to shoot him or he'll shoot you), (4) that belief is reasonable, and (5) the amount of force used is proportionate to the threat (aka if he throws a stick at you you can't shoot him).

What you're asking about is more like defense of a dwelling, a different common law defense to prosecution.

However, in every state in America today, you are not permitted to use deadly or lethal force in a "defense of a dwelling" case.

So no, contrary to popular belief, you cannot shoot someone for trespassing, no matter how many signs you put up.

And you can't shoot him for sneaking into your house, or stalking, or anything else. Not unless / until he acts in such a way as to satisfy the elements required for self-defense, which includes that he must be trying to hurt you AT THE TIME.

If you want him to be gotten rid of, seek prosecution on one of many state "anti-stalking" statutes. Seek a restraining order preventing him from coming with 100 yards of your home, and if he violates it get him arrested for contempt for violating a court order.

Do not shoot him. Most likely, he'll be able to sue you for his injuries (or his family can sue you if he dies), and you'll go to jail for aggrivated assault, assault with a deadly weapon, attempted murder, or manslaughter. All of which are serious jail-time offenses.

Answer 5

Laws vary from state to state. Search with the name of your state and 'state+law' as keywords to find the laws that apply to you. Maybe you could set a trap that would get you in less trouble, to somehow mark the guy, or try to get his footprints by sprinkling baby powder and taking pictures. Actually shooting the guy may be more trouble than it is worth. Have you considered video survielance?

Answer 6

I wouldnt care what the law said. I would shoot his butt and then have someone help you drag him into the house. Who can prove he wasnt in the house hes dead. Some states also acknowledge the rule on your land is tresspassing and you have all rights to protect yourself. I would shoot and ask questions later

Answer 7

Oh yes.. when someone gets inside your property without your permission, it is called "TRESPASSING".

Just because someone is inside your home without your permission, you are already allowed by law to shoot him just like that. No! Only when this person tries to attack you or do anything that will endanger your life and limbs, then that is the time you can fight back or if needed, shoot him in "SELF DEFENSE".

Answer 8

I`m guessing that all Americans can shoot anything in site .Just be careful you don`t shoot yourself

Answer 9

trap him and call the police.

Answer 10

could you mve somewhere else?