Mensajepor Strongresolve » 14 Jul 2011 00:37
DOCTRINA DEL CASTILLO.
Este es el pilar del derecho a la autodefensa en muchos estados de USA.
Perdonar si lo traduzco, con tiempo iremos resaltando lo más importante.
CHAPTER 2005-27
Committee Substitute for
Committee Substitute for Senate Bill No. 436
An act relating to the protection of persons and property; creating s.
776.013, F.S.; authorizing a person to use force, including deadly
force, against an intruder or attacker in a dwelling, residence, or
vehicle under specified circumstances; creating a presumption that
a reasonable fear of death or great bodily harm exists under certain
circumstances; creating a presumption that a person acts with the
intent to use force or violence under specified circumstances; providing
definitions; amending ss. 776.012 and 776.031, F.S.; providing
that a person is justified in using deadly force under certain circumstances;
declaring that a person has no duty to retreat and has the
right to stand his or her ground and meet force with force if the
person is in a place where he or she has a right to be and the force
is necessary to prevent death, great bodily harm, or the commission
of a forcible felony; creating s. 776.032, F.S.; providing immunity
from criminal prosecution or civil action for using deadly force; defining
the term “criminal prosecution”; authorizing a law enforcement
agency to investigate the use of deadly force but prohibiting
the agency from arresting the person unless the agency determines
that there is probable cause that the force the person used was
unlawful; providing for the award of attorney’s fees, court costs,
compensation for loss of income, and other expenses to a defendant
in a civil suit who was immune from prosecution under this section;
providing an effective date.
WHEREAS, the Legislature finds that it is proper for law-abiding people
to protect themselves, their families, and others from intruders and attackers
without fear of prosecution or civil action for acting in defense of themselves
and others, and
WHEREAS, the castle doctrine is a common-law doctrine of ancient origins
which declares that a person’s home is his or her castle, and
WHEREAS, Section 8 of Article I of the State Constitution guarantees the
right of the people to bear arms in defense of themselves, and
WHEREAS, the persons residing in or visiting this state have a right to
expect to remain unmolested within their homes or vehicles, and
WHEREAS, no person or victim of crime should be required to surrender
his or her personal safety to a criminal, nor should a person or victim be
required to needlessly retreat in the face of intrusion or attack, NOW,
THEREFORE,
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 776.013, Florida Statutes, is created to read:
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CODING: Words stricken are deletions; words underlined are additions.
776.013 Home protection; use of deadly force; presumption of fear of
death or great bodily harm.—
(1) A person is presumed to have held a reasonable fear of imminent peril
of death or great bodily harm to himself or herself or another when using
defensive force that is intended or likely to cause death or great bodily harm
to another if:
(a) The person against whom the defensive force was used was in the
process of unlawfully and forcefully entering, or had unlawfully and forcibly
entered, a dwelling, residence, or occupied vehicle, or if that person had
removed or was attempting to remove another against that person’s will
from the dwelling, residence, or occupied vehicle; and
(b) The person who uses defensive force knew or had reason to believe
that an unlawful and forcible entry or unlawful and forcible act was occurring
or had occurred.
(2) The presumption set forth in subsection (1) does not apply if:
(a) The person against whom the defensive force is used has the right to
be in or is a lawful resident of the dwelling, residence, or vehicle, such as
an owner, lessee, or titleholder, and there is not an injunction for protection
from domestic violence or a written pretrial supervision order of no contact
against that person; or
(b) The person or persons sought to be removed is a child or grandchild,
or is otherwise in the lawful custody or under the lawful guardianship of,
the person against whom the defensive force is used; or
(c) The person who uses defensive force is engaged in an unlawful activity
or is using the dwelling, residence, or occupied vehicle to further an
unlawful activity; or
(d) The person against whom the defensive force is used is a law enforcement
officer, as defined in s. 943.10(14), who enters or attempts to enter a
dwelling, residence, or vehicle in the performance of his or her official duties
and the officer identified himself or herself in accordance with any applicable
law or the person using force knew or reasonably should have known that
the person entering or attempting to enter was a law enforcement officer.
(3) A person who is not engaged in an unlawful activity and who is
attacked in any other place where he or she has a right to be has no duty
to retreat and has the right to stand his or her ground and meet force with
force, including deadly force if he or she reasonably believes it is necessary
to do so to prevent death or great bodily harm to himself or herself or another
or to prevent the commission of a forcible felony.
(4) A person who unlawfully and by force enters or attempts to enter a
person’s dwelling, residence, or occupied vehicle is presumed to be doing so
with the intent to commit an unlawful act involving force or violence.
(5) As used in this section, the term:
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CODING: Words stricken are deletions; words underlined are additions.
(a) “Dwelling” means a building or conveyance of any kind, including any
attached porch, whether the building or conveyance is temporary or permanent,
mobile or immobile, which has a roof over it, including a tent, and is
designed to be occupied by people lodging therein at night.
(b) “Residence” means a dwelling in which a person resides either temporarily
or permanently or is visiting as an invited guest.
(c) “Vehicle” means a conveyance of any kind, whether or not motorized,
which is designed to transport people or property.
Section 2. Section 776.012, Florida Statutes, is amended to read:
776.012 Use of force in defense of person.—A person is justified in using
the use of force, except deadly force, against another when and to the extent
that the person reasonably believes that such conduct is necessary to defend
himself or herself or another against the such other’s imminent use of unlawful
force. However, a the person is justified in the use of deadly force and
does not have a duty to retreat only if:
(a) He or she reasonably believes that such force is necessary to prevent
imminent death or great bodily harm to himself or herself or another or to
prevent the imminent commission of a forcible felony; or.
(b) Under those circumstances permitted pursuant to s. 776.013.
Section 3. Section 776.031, Florida Statutes, is amended to read:
776.031 Use of force in defense of others.—A person is justified in the use
of force, except deadly force, against another when and to the extent that the
person reasonably believes that such conduct is necessary to prevent or
terminate the such other’s trespass on, or other tortious or criminal interference
with, either real property other than a dwelling or personal property,
lawfully in his or her possession or in the possession of another who is a
member of his or her immediate family or household or of a person whose
property he or she has a legal duty to protect. However, 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. A person does not have a duty to retreat if the person is in a place
where he or she has a right to be.
Section 4. Section 776.032, Florida Statutes, is created to read:
776.032 Immunity from criminal prosecution and civil action for justifiable
use of force.—
(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s.
776.031 is justified in using such force and is immune from criminal prosecution
and civil action for the use of such force, unless the person against whom
force was used is a law enforcement officer, as defined in s. 943.10(14), who
was acting in the performance of his or her official duties and the officer
identified himself or herself in accordance with any applicable law or the
person using force knew or reasonably should have known that the person
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CODING: Words stricken are deletions; words underlined are additions.
was a law enforcement officer. As used in this subsection, the term “criminal
prosecution” includes arresting, detaining in custody, and charging or prosecuting
the defendant.
(2) A law enforcement agency may use standard procedures for investigating
the use of force as described in subsection (1), but the agency may not
arrest the person for using force unless it determines that there is probable
cause that the force that was used was unlawful.
(3) The court shall award reasonable attorney’s fees, court costs, compensation
for loss of income, and all expenses incurred by the defendant in
defense of any civil action brought by a plaintiff if the court finds that the
defendant is immune from prosecution as provided in subsection (1).
Section 5. This act shall take effect October 1, 2005.
Approved by the Governor April 26, 2005.
Filed in Office Secretary of State April 26, 2005.
Ch. 2005-27 LAWS OF FLORIDA Ch. 2005-27
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