Ok, thanks. And that would be...where? (That is what I remember.)bizarrenormality wrote:For purposes of this section, "enter" means to intrude:
(1) any part of the body; or
(2) any physical object connected with the body.
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Return to “Man shot after spraying motorist with Mace”
- Mon Jun 11, 2012 6:57 pm
- Forum: The Crime Blotter
- Topic: Man shot after spraying motorist with Mace
- Replies: 24
- Views: 3317
Re: Man shot after spraying motorist with Mace
- Sun Jun 10, 2012 12:14 pm
- Forum: The Crime Blotter
- Topic: Man shot after spraying motorist with Mace
- Replies: 24
- Views: 3317
Re: Man shot after spraying motorist with Mace
He (the shooter) might have a defense under castle law. (Wouldn't have to prove deadly intent)
9.32(b)(1)(A) "unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment"
I seem to remember seeing somewhere the term "entered" as being intrusion of any part of the body. So if the guy reached in through the window to spray him, he "unlawfully and with force entered..." (Can't find the reference now.)
9.32.(b)(1)(B) is the same with respect to "removing or attempting to remove" the actor from the vehicle, etc.
So, unless they argue that the sprayer was going to spray him, then leave, it is reasonable to believe the guy was either going to reach in to beat him up, or pull him out to beat him up. Either way, it would seem he's covered.
9.32(b)(1)(A) "unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment"
I seem to remember seeing somewhere the term "entered" as being intrusion of any part of the body. So if the guy reached in through the window to spray him, he "unlawfully and with force entered..." (Can't find the reference now.)
9.32.(b)(1)(B) is the same with respect to "removing or attempting to remove" the actor from the vehicle, etc.
So, unless they argue that the sprayer was going to spray him, then leave, it is reasonable to believe the guy was either going to reach in to beat him up, or pull him out to beat him up. Either way, it would seem he's covered.