Full question:
Is a backyard considered a part of the dwelling or property? The question is in reference to the " make my day" law.
- Category: Criminal
- Subcategory: Make my Day Law
- Date:
- State: Colorado
Answer:
The interpretation of the "make my day" law varies by state, so it's essential to consult your state's specific laws. In Colorado, for instance, the law states that an occupant of a dwelling can use physical force, including deadly force, against someone who unlawfully enters their home if they reasonably believe that person is committing a crime (C.R.S. 18-1-704.5).
However, case law indicates that areas like porches may not be considered part of the dwelling for the purposes of this law. For example, in People v. Young, the court ruled that a defendant could not claim immunity from prosecution for using deadly force against someone on their porch unless they believed that person intended to commit a crime against them. This suggests that the legal definition of a dwelling may not extend to all outdoor areas, such as backyards or porches.
Ultimately, the specific facts of each case will influence the determination of guilt or immunity under the law. Therefore, it's crucial to refer to the statutory and case law relevant to your situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.