Posted: April 24, 2007 at 10:35 PM / IP Logged
"A person may lawfully use that amount of force which is necessary, under the circumstances, for the protection of his property but he will be guilty of an assault if he uses excessive force, or any force after the necessity therefor is past."
The use of deadly force, however, is not permitted when a person's only purpose is to protect property. § 563.041 comment.See alsoMAI-CR2d 2.43 comment 4.Deadly force means physical force which the actor uses with the purpose of causing, or which he knows will create a substantial risk of causing, death or serious physical injury. § 563.011(1), RSMo (1978). See also MAI-CR2d 33.01.
Basically, if you use "more force than is necessary" to protect your car - you might be guilty of assault. I can't tell you what is "necessary"; but I would say that most non-lethal force qualifies. Again, to be safe, since electricity isn't exactly predictable in its effects on people, probably don't want to use it. Hope this helped.
Posted: April 25, 2007 at 11:01 AM / IP Logged
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