Posted: 6/9/2005 4:37:49 PM EDT
| Does Nevada have this ? Can I defend my house, or do I have to run out ? |
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NRS 41.095 Presumption that person using deadly force against intruder in his residence has reasonable fear of death or bodily injury; “residence” defined. 1. For the purposes of NRS 41.085 and 41.130, any person who uses, while lawfully in his residence or in transient lodging, force which is intended or likely to cause death or bodily injury is presumed to have had a reasonable fear of imminent death or bodily injury to himself or another person lawfully in the residence or transient lodging if the force is used against a person who is committing burglary or invasion of the home and the person using the force knew or had reason to believe that burglary or invasion of the home was being committed. An action to recover damages for personal injuries to or the wrongful death of the person who committed burglary or invasion of the home may not be maintained against the person who used such force unless the presumption is overcome by clear and convincing evidence to the contrary. 2. As used in this section, “residence” means any house, room, apartment, tenement or other building, vehicle, vehicle trailer, semitrailer, house trailer or boat designed or intended for occupancy as a residence. (Added to NRS by 1989, 1798) Some additional definitions according to statute: NRS 205.060 Burglary: Definition; penalties; venue. 1. A person who, by day or night, enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, vehicle, vehicle trailer, semitrailer or house trailer, airplane, glider, boat or railroad car, with the intent to commit grand or petit larceny, assault or battery on any person or any felony, is guilty of burglary. 2. Except as otherwise provided in this section, a person convicted of burglary is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000. A person who is convicted of burglary and who has previously been convicted of burglary or another crime involving the forcible entry or invasion of a dwelling must not be released on probation or granted a suspension of his sentence. 3. Whenever a burglary is committed on a vessel, vehicle, vehicle trailer, semitrailer, house trailer, airplane, glider, boat or railroad car, in motion or in rest, in this State, and it cannot with reasonable certainty be ascertained in what county the crime was committed, the offender may be arrested and tried in any county through which the vessel, vehicle, vehicle trailer, semitrailer, house trailer, airplane, glider, boat or railroad car traveled during the time the burglary was committed. 4. A person convicted of burglary who has in his possession or gains possession of any firearm or deadly weapon at any time during the commission of the crime, at any time before leaving the structure or upon leaving the structure, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $10,000. [1911 C&P § 369; A 1953, 31]—(NRS A 1967, 494; 1968, 45; 1971, 1161; 1979, 1440; 1981, 551; 1983, 717; 1989, 1207; 1995, 1215) NRS 205.067 Invasion of the home: Definition; penalties; venue. 1. A person who, by day or night, forcibly enters an inhabited dwelling without permission of the owner, resident or lawful occupant, whether or not a person is present at the time of the entry, is guilty of invasion of the home. 2. A person convicted of invasion of the home is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000. A person who is convicted of invasion of the home and who has previously been convicted of burglary or invasion of the home must not be released on probation or granted a suspension of his sentence. 3. Whenever an invasion of the home is committed on a vessel, vehicle, vehicle trailer, semitrailer, house trailer, airplane, glider, boat or railroad car, in motion or in rest, in this State, and it cannot with reasonable certainty be ascertained in what county the crime was committed, the offender may be arrested and tried in any county through which the conveyance, vessel, boat, vehicle, house trailer, travel trailer, motor home or railroad car traveled during the time the invasion was committed. 4. A person convicted of invasion of the home who has in his possession or gains possession of any firearm or deadly weapon at any time during the commission of the crime, at any time before leaving the structure or upon leaving the structure, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $10,000. 5. As used in this section: (a) “Forcibly enters” means the entry of an inhabited dwelling involving any act of physical force resulting in damage to the structure. (b) “Inhabited dwelling” means any structure, building, house, room, apartment, tenement, tent, conveyance, vessel, boat, vehicle, house trailer, travel trailer, motor home or railroad car in which the owner or other lawful occupant resides. (Added to NRS by 1989, 1452; A 1995, 1215) Note that even though no one has to be home for an invasion of the home occurs, NRS 41.095 only comes into play if you are at home at the time the invasion occurs, so you still can't shoot someone you see exiting your home with your TV unless you were at home at the time. |
Not much to add, but just realize what 'presumption' means. It's not the end all, be all liability shield, and can be overcome depending on the facts. Guy running away, and your only shot is his back? No go. Burglar immediately throws up his hands, drops to his knees praying for Geezus? |
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NRS 41.095 Presumption that person using deadly force against intruder in his residence has reasonable fear of death or bodily injury; “residence” defined.at home at the time. Not much to add, but just realize what 'presumption' means. It's not the end all, be all liability shield, and can be overcome depending on the facts. Guy running away, and your only shot is his back? No go. Burglar immediately throws up his hands, drops to his knees praying for Geezus? Well, if the burglar is clearly no threat anymore there's no reason to shoot anymore. Just think of the bloody mess on your carpet...  Might as well hold him at gunpoint and wait for the cops to show. It's not a license to kill but a damn good one to protect yourself in your environment..... LRdrvr |
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On June 9th, 2005, in Clark County, Nevada (Las Vegas), a convicted murderer, Beau Maestas, who stabbed to death a three year old baby girl (an innocent Angel), who also stabbed her seven year old sister (who is now paralized from the waist down), had his penalty phase hearing declared a mistrial yesterday. Maestas, with the help of his teenage sister, stabbed the children because the girls' mother allegedly sold Maestas and his sister bunk crystal meth. Maestas Mistrial, Las Vegas Review Journal And a convicted murderer that was scheduled to die in the Nevada Death Chamber last night for a heineous, sensless murder based on jealousy and revenge, who promised that he would not appeal the sentence at the last minute, PUNKED-OUT. Death Row Punk-Out  What Fucking planet am I on?Just wonderin'. Be Safe. Joe |
| What if it's a 17 yr old kid? I got broke into 4 times until they finally caught the little bastard. He plead guilty because I saw him go over the fence the last time and got 6 months of probation and had to pay restitution. I think I got robbed the 5th time by the state. |
The answer to that Tri-Tone is very straightforward no matter what the age of the offender is: NO THREAT TO LIFE, NO SHOOT. Period. I guess you already know that, because if you didn’t the little puke wouldn’t be reporting to his PO and paying you restitution. I have heard of idiots firing warning shots over the heads of non-armed, non-violent wrongdoers trying to pilfer goods from outside their homes. It is those types of Gene Pool geniuses that think they know it all and that they have a right to resort to deadly force as a primary option of deterrence, as disparate to a last resort for self-defense. Unfortunately there is nothing written in the law that states that one must possess a certain IQ level in order to own a gun. And I am +1 with you on the fact that you were robbed by the state. Be Safe. Joe |
Gene Pool is related to the tall, short, fat, skinny guy with the bald head who parts his hair down the middle. You know, the guy that lives on the corner in the middle of the block who drives the red, four door, convertible hard top corvette painted blue. 
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Jesus man, don't write stuff like that. Your freaking me out! 
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It isn't any different than reading what Variable writes.... 
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