Other than defending your home, motor vehicle, or place of business ( while you are in them ), under what circumstances can you defend property in Louisiana?
This question comes up because of the wording of certain laws...
LRS 14:19
§19. Use of force or violence in defense
A. The use of force or violence upon the person of another is justifiable when committed for the purpose of preventing a forcible offense against the person or a forcible offense or trespass against property in a person's lawful possession, provided that the force or violence used must be reasonable and apparently necessary to prevent such offense, and that this Section shall not apply where the force or violence results in a homicide.
----
D. No finder of fact shall be permitted to consider the possibility of retreat as a factor in determining whether or not the person who used force or violence in defense of his person or property had a reasonable belief that force or violence was reasonable and apparently necessary to prevent a forcible offense or to prevent the unlawful entry.
I see to recall there is another instance. I could swear that I remember reading that you could defend property if that property was part of your livelihood... For instance, you could use force to prevent someone from poisoning your crops if you are a farmer, or to prevent someone from tampering with a waterwell...
Thanks for any clarification you can give.
Sam
This question comes up because of the wording of certain laws...
LRS 14:19
§19. Use of force or violence in defense
A. The use of force or violence upon the person of another is justifiable when committed for the purpose of preventing a forcible offense against the person or a forcible offense or trespass against property in a person's lawful possession, provided that the force or violence used must be reasonable and apparently necessary to prevent such offense, and that this Section shall not apply where the force or violence results in a homicide.
----
D. No finder of fact shall be permitted to consider the possibility of retreat as a factor in determining whether or not the person who used force or violence in defense of his person or property had a reasonable belief that force or violence was reasonable and apparently necessary to prevent a forcible offense or to prevent the unlawful entry.
I see to recall there is another instance. I could swear that I remember reading that you could defend property if that property was part of your livelihood... For instance, you could use force to prevent someone from poisoning your crops if you are a farmer, or to prevent someone from tampering with a waterwell...
Thanks for any clarification you can give.
Sam
