electrified interior components

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pyroguy

Member - Posts: 18

Joined: April 10, 2007

Location: United States

Posted: April 24, 2007 at 10:35 PM / IP Logged

Here is some more info...

Jesse - this is a quote from the case of State v. Shilling 212 S.W.2d 96 Mo.App. 1948. It is an old case, but pretty much sums up the law on the use of force to protect one's property.

"A person may lawfully use that amount of force which is necessary, under the circumstances, for the protection of his property but he will be guilty of an assault if he uses excessive force, or any force after the necessity therefor is past."

The use of deadly force, however, is not permitted when a person's only purpose is to protect property. § 563.041 comment.See alsoMAI-CR2d 2.43 comment 4.Deadly force means physical force which the actor uses with the purpose of causing, or which he knows will create a substantial risk of causing, death or serious physical injury. § 563.011(1), RSMo (1978). See also MAI-CR2d 33.01.

Basically, if you use "more force than is necessary" to protect your car - you might be guilty of assault. I can't tell you what is "necessary"; but I would say that most non-lethal force qualifies. Again, to be safe, since electricity isn't exactly predictable in its effects on people, probably don't want to use it. Hope this helped.

demon_510

Member - Posts: 23

Joined: March 05, 2007

Location: United States

Posted: April 25, 2007 at 11:01 AM / IP Logged

Why not just trigger some pepper spray canisters if your door ever opens and the alarm is triggered. You could even delay it in case your remotes battery ever dies and you need to manually disarm it.

pyroguy

Member - Posts: 18

Joined: April 10, 2007

Location: United States

Posted: April 25, 2007 at 11:06 AM / IP Logged

I also noticed that there is a paragraph I left out of the above reply (the actualy quote that was referenced from that court case). Here it is in its entirety. Again, sorry about that (I had to transfer the text from Microsoft Outlook, to Word, and then to Notepad so it didn't come out like garbage...and somewhere along the way a little bit of the text was missed.

"A person may lawfully use that amount of force which is necessary, under the circumstances, for the protection of his property but he will be guilty of an assault if he uses excessive force , or any force after the necessity therefor is past."

jmelton86

Gold - Posts: 1,228

Joined: February 07, 2007

Location: South Carolina, United States

Posted: April 25, 2007 at 6:22 PM / IP Logged

I think you need to talk to a lawyer about this. Of course the 'fee' will be rediculous, but they will know what would be best for your particular county.

2013 Kia Rio -90a alternator

DDX470HD GTO14001 GTO1014D (x3)

Big3 in 1/0G

1/0G to GTO14001

pyroguy

Member - Posts: 18

Joined: April 10, 2007

Location: United States

Posted: April 25, 2007 at 8:17 PM / IP Logged

jmelton,

I already did. The information I submitted above came from the Attorney General's office in Jefferson City (State Capitol).

I think for the moment the project is on indeffinite hold.

jmelton86

Gold - Posts: 1,228

Joined: February 07, 2007

Location: South Carolina, United States

Posted: April 25, 2007 at 8:59 PM / IP Logged

Okay. I was just recommending that so they could maybe list some options for you.

2013 Kia Rio -90a alternator

DDX470HD GTO14001 GTO1014D (x3)

Big3 in 1/0G

1/0G to GTO14001

KarTuneMan

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Joined: December 14, 2004

Location: Isle Of Man

Posted: April 25, 2007 at 9:41 PM / IP Logged

It keeps going, and going, and going........... Heres an idea... MOVE to a safer neighborhood........

enice

Silver - Posts: 857

Joined: March 05, 2006

Location: New York, United States

Posted: April 27, 2007 at 12:29 AM / IP Logged

LOL or just dont have a car at all and they will never steal it from you.

pyroguy

Member - Posts: 18

Joined: April 10, 2007

Location: United States

Posted: April 27, 2007 at 9:21 AM / IP Logged

Wow; you know those are great ideas! I don't live in a bad neighborhood and my car is usually only broken into when I take it out around town (in specific areas), so instead of doing the logical thing of NOT taking my car to those areas I will just sell the car and buy a rice POS Honda or 'Yota!

EVEN BETTER IDEA! --> I go out to my garage right now, drive the car to a vacant lot, and then drop a lit molotov cooktail into the back seat! Wow! Splendid! No more car to steal!

(Do you remember my earlier note and submitting "intelligent comments" to this thread? I don't find your comments conducive to the topic at hand....)

Thanks,

Jesse

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electrified interior components

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