Someone sees two kids in someone's elses property drowning and he enters the property to save them is he still trespassing. Or is there somthing that says is ok in this case because he was doing it to save someone, or what not?
2007-10-15 04:05:44 · 4 answers · asked by gabriel m 1 in Politics & Government ➔ Law & Ethics
Technically, yes, he is still trespassing, but he has a choice of evils defense. And a darn good one at that. The defense is basically, that he had the choice to let the kids drown or the choice to "trespass." Chances are, with a defense like that, there would never be a charge of trespassing brought.
2007-10-15 06:06:28 · answer #1 · answered by Heather Mac 6 · 0⤊ 0⤋
Yes, he is still trespassing -- however, the rescuer has an affirmative defense -- justification and defense of others.
In other words, there are some situations where it is allowed to break the law -- or commit a tort (civil wrong against another person or property) -- and defense of others, including rescuing someone in actual danger, would count as such an exception.
2007-10-15 05:46:53 · answer #2 · answered by coragryph 7 · 1⤊ 1⤋
that is consider trespassing, but in this case no legal action can be taken against the victim
2007-10-15 06:03:19 · answer #3 · answered by peter a 3 · 0⤊ 0⤋
that would fall under the good Samaritan law and would protect them from being charged with trespassing
2007-10-15 04:14:09 · answer #4 · answered by Jan Luv 7 · 0⤊ 0⤋