We need a law like this

New Zealand needs a law like this:

HB129: Defense of Property and Person

The incident was mentioned Thursday morning in the Utah Legislature where the Utah Senate gave preliminary approval to a bill that clarifies a person is justified in defending their home and family against criminal activity and may not be held civilly liable for damage or injury to perpetrators.

Sen. Curtis Bramble, R-Provo, said HB129 was “timely” given the home invasion in Springville.

The bill, sponsored by Rep. Patrick Painter, R-Nephi, is a clarifying measure, Bramble said.

“If you’re being victimized, you can defend yourself without being sued by the person trying to take advantage of you or your property,” said Bramble. The bill moved to a final reading on a vote of 19-0.

The law currently allows Utahns to seriously injure or kill someone if they believe they are in imminent danger of being seriously injured or killed. Self-defense can also be used as a defense by a third party who goes to help someone else who is being threatened.

 


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  • thor42

    Agreed.  

  • Graeme Edgeler

    Because someone in New Zealand has been held civilly liable following a suit by a criminal for damage or injury in defence of their property in the last ever?

    When this actually comes up as an issue, let us know.

  • Graeme Edgeler

    Also, it’s already the law in New Zealand.

    • Brian Smaller

       Just make sure you have a bottomless pit of money to defend oneself if one does use that right. People that have usually end up bankrupted by legal fees and associated costs, even if the cops do drop the case.

      • GPT

        Yes but there is a bar to suing for injury unless you can show gross negligence. 

      • Graeme Edgeler

        No. There is a bar to suing for such injury full-stop. Even if they can show deliberate intention.

  • Beenthere

    That bill probably wouldn’t have helped Greg Carvel, who was hassled by the police for his actions.

    • More than hassled, Greg was actually prosecuted and eventually found not guilty…but it cost him and arm and a leg.

      Had he not defended himself and his property he would likely be dead.

      • GPT

        He was charged with unlawful possession of the firearm.  He was never charged with the assault.  I suspect he was actually guilty of the former but the jury applied a bit of community justice and went for not guilty. 

    • Graeme Edgeler

      Quite right. Because there is already such a law in Utah. And in New Zealand.

      This law is about extending the defence people currently have under the criminal law, to be apply to the situation of being sued as well.

      This is not necessary in New Zealand, because the law applies as a defence in both criminal and civil cases already.

  • Blokeintakapauna

    Yep – we so need that law here – thugs breaking and entering your home at 3am are hardly there to try and sell you Tupperware or Avon.

    Shoot the fuckers, help the human gene pool, save the tax payer untold in incarceration costs and this also offers REAL deterants unlike the pathetic tisk tisks the judicary hand out!

    • GPT

      Yes but that is not what this law is proposing to do.  As the article states in it is already legal to defend your home.

      • Graeme Edgeler

        Plus, as I note above, this is already the law in New Zealand.

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