Stealing my generator...providing food and heat for my family ?

[youngda9]

I thought of a scenario this morning due to the upcoming storm:
I don't have an electric generator, although I am seriously considering purchasing one.

What if a family had an electric generator running for heat, cooking, communication, etc. during a storm where the power had been out for a couple of days, it is extremely cold out, and the roads are blanketed in snow...nobody can go anywhere for who knows how long.

2 large men come and try to steal the generator. This generator is providing the above things for the dad and his family (small children). The father, armed, approaches the men.

If he allows them to get away with the generator then the family might go hungry or be without heat for who knows how long in the 10 below weather. There will be suffering, much of it...not sure about death because it is uncertain when power will be back on and when the roads will be cleared.

What can he legally do?

 

[Andre46996]

SSS...

That is all!!

My and my families survival trumps all.

 

[woowoo2]

I padlock mine to a tree, let them try and get it.

 

[Love the 1911]

I would disable their vehicle and make them give me their shoes. See how far they get with the generator then

 

[Glock32j]

just shootem

 

[Archbishop]

Not sure, but I think they are committing a felony due to the price of generator.

 

[jd4320t]

Lock it up if you can and check on it to make sure it's secure. If you were to catch someone stealing it you probably shouldn't use force. Now, let's say you are between it and them and they come at you. Then you are in harms way and in my eyes have the right to use force.

 

[grimor]

don't you live in Indiana? You know you can shoot them right?

 

[LEaSH]

I can't say legally what I could or couldn't do.

I can only imagine that if you chase one off, they might come back better prepared when they're more desperate.

It's a crappy thing to think about, but it's part of planning for the worst.

 

[grimor]

I can't say legally what I could or couldn't do.

I can only imagine that if you chase one off, they might come back better prepared when they're more desperate.

It's a crappy thing to think about, but it's part of planning for the worst.

Shoot one, put his head on a pike as a warning to others.... Ok, that might be a little excessive.... but you could prop him up on a tree until emergency services could reach you.... who knows how long that'd be

 

[shibumiseeker]

You do know that you are within your rights to defend your property, don't you?

But let's play your little scenario out since I do rely on generators for some of my power:

Big burly guys approach the house looking to steal my generator. Me out there with a very pissed off attitude and a very firm command voice and a rather large pistol (actually out here most likely shotgun or rifle, but maybe I grabbed the pistol instead?) pointed at them asking them what the hell are they doing and they'd better leave Right Now and if I should not see them return.

They:
decide I'm bluffing and continue to try to steal my generator. I shoot to defend my property until such point as they stop trying to steal my property. If they leave trailing blood, so be it.

decide that they are going to rush me. I shoot until the threat is stopped.

Aftermath in Indiana: If I didn't do something hinky like shoot them down then step over and put a coup de grace into them, I will be investigated. I will probably spend a thousand or two on legal representation. I will have defended my family and property and two folks who should have immediately left the situation or better not even initiatied the situation, will hopefully never do that again. There's a small chance I might be charged with a crime, but a very good chance I'd beat that rap, though it will cost more and would have to go to jury trial.

Aftermath in California: I will go to prison for depriving those youths (aged 35 and 40 respectively) of their rights, and then I will have to pay their families restitution.

 

[youngda9]

Thank you to those that had something helpful to add. (jd4320t, LEaSH, and shibumiseeker)

The generator would have to be outside due to the exhaust. Assume it is chained to a large tree...they came with bolt cutters and a chainsaw.

What I am hearing from some here is that it is ok to leave the safety the house to go outside to use deadly force to protecty property? Is it ok to do that in Indiana for something that is outside of your house yet on your property?

Would it be percieved more acceptible given the fact that this is providing the electricity that the family needs to survive this hardship?

 

[patton487]

It will be hard for them to carry off a generator after being shot in the foot.

 

[youngda9]

So it is OK to use deadly force for stealing property from me? This is what I'm hearing?

It seems like I'm getting a lot of sarcasm and not any honest replys...dissapointed.

 

[Jack Ryan]

You know if you guys had any real problems to worry about, you wouldn't waste your time worring so much over stuff you don't need to.

 

[shibumiseeker]

So it is OK to use deadly force for stealing property from me? This is what I'm hearing?

It seems like I'm getting a lot of sarcasm and not any honest replys...dissapointed.

Welcome to the interwebz: get used to disappoinment.

There're threads on this very subject routinely here, so if you read long enough you'll see it come around again, but in the interests of helping your mind, relevant portions highlighted in red:
IC 35-41-3-2
Use of force to protect person or property
Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.
(b) A person:
(1) is justified in using reasonable force, including deadly force, against another person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.
(c) With respect to property other than a dwelling, curtilage, or an occupied motor vehicle, a person is justified in using reasonable force against another person if the person reasonably believes that the force is necessary to immediately prevent or terminate the other person's trespass on or criminal interference with property lawfully in the person's possession, lawfully in possession of a member of the person's immediate family, or belonging to a person whose property the person has authority to protect. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
only if that force is justified under subsection (a).
(d) A person is justified in using reasonable force, including deadly force, against another person and does not have a duty to retreat if the person reasonably believes that the force is necessary to prevent or stop the other person from hijacking, attempting to hijack, or otherwise seizing or attempting to seize unlawful control of an aircraft in flight. For purposes of this subsection, an aircraft is considered to be in flight while the aircraft is:
(1) on the ground in Indiana:
(A) after the doors of the aircraft are closed for takeoff; and (B) until the aircraft takes off;
(2) in the airspace above Indiana; or
(3) on the ground in Indiana:
(A) after the aircraft lands; and
(B) before the doors of the aircraft are opened after landing.
(e) Notwithstanding subsections (a), (b), and (c), a person is not justified in using force if:
(1) the person is committing or is escaping after the commission of a crime;
(2) the person provokes unlawful action by another person with intent to cause bodily injury to the other person; or
(3) the person has entered into combat with another person or is the initial aggressor unless the person withdraws from the encounter and communicates to the other person the intent to do so and the other person nevertheless continues or threatens to continue unlawful action.
(f) Notwithstanding subsection (d), a person is not justified in using force if the person:
(1) is committing, or is escaping after the commission of, a crime;
(2) provokes unlawful action by another person, with intent to cause bodily injury to the other person; or
(3) continues to combat another person after the other person withdraws from the encounter and communicates the other person's intent to stop hijacking, attempting to hijack, or otherwise seizing or attempting to seize unlawful control of an aircraft in flight.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.8; Acts 1979, P.L.297, SEC.1; P.L.59-2002, SEC.1; P.L.189-2006, SEC.1.




Your scenario doesn't matter, it could be nice weather and the generator is not running.

The crux of the matter is the word reasonable. If your thieves are two big burly men, then your being armed is prudent and reasonable. If your thief is an unarmed 8 year old boy then you're probably in a lot of trouble.

 

[cosermann]

... The generator would have to be outside due to the exhaust. Assume it is chained to a large tree...they came with bolt cutters and a chainsaw. ..

Have you considered getting the stuff necessary to pipe the exhaust outside (from inside the garage/shed/etc). Not all that difficult.

IC 35-41-3-2
Use of force to protect person or property
Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.
(b) A person:
(1) is justified in using reasonable force, including deadly force, against another person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.

 

[Bendrx]

Shibuseeker has good answers as usual. Something to consider is running the exhaust out of your house and keeping the genny inside. Use a dryer vent, just make sure it's well sealed and check for fumes periodicly.

 

[redneckmedic]

Yes you can defend your person(s) and property in IN.
Castle doctrine - Wikipedia, the free encyclopedia

Or you can just tie a big dog to the generator.

 

[woowoo2]

Use a dryer vent, just make sure it's well sealed and check for fumes periodicly.

No, No, No......
A generators exhaust is much hotter that a dryer.
You need twin walled pipe at the least.
Don't do something foolish.
Keep it outside.