The Lost Boy
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I think you need to re-read the clause.Originally posted by SirBax+Oct 26 2004, 01:32 PM--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (SirBax @ Oct 26 2004, 01:32 PM)</td></tr><tr><td id='QUOTE'> <!--QuoteBegin-The Lost Boy@Oct 26 2004, 11:53 AM
When I say shoot the intruder, I'm talking about shooting to kill. It's still not justified to shoot with the intent to kill an intruder, simply because they're in your house. Clearly stated in 776.031
EXCERPT -
Title XLVI
CRIMES Chapter 776
JUSTIFIABLE USE OF FORCEHowever, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony.
That is the last sentance of the law. There is no retreat clause if you are in your home or place of work in the state of Florida.
Now you can only use deadly force if it is a "forcable felony".
Below you will find again the defination of forciable felony.
[/b][/quote]Title XLVI
CRIMES Chapter 776
JUSTIFIABLE USE OF FORCE View Entire Chapter
776.08 Forcible felony.--"Forcible felony" means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.
History.--s. 13, ch. 74-383; s. 4, ch. 75-298; s. 289, ch. 79-400; s. 5, ch. 93-212; s. 10, ch. 95-195.
So you believe you're justified in shooting and killing a person in your home? Let's say he or she is in your living room stealing your possesions and putting them in a sack, and they have a black beanie on and there's no doubt they're a burglar.