Please replace the lower half of page 266 beginning at the section labeled "Vehicle Retreat" with the above update, or the identical following section. This only applies to the June 2017 printing of the 9th edition. (updated 7/17/2017 for better clarity):
SB-1052, which is the bill that revised F.S. 776.013 in 2017, was supposed to eliminate only a small, easily fixed, but important issue in the existing law. Instead, it made fairly complex corrections, eliminated some great protections in the prior law, and dropped "occupied vehicles" from the first part of the section. My original analysis of the bill was too restrictive as the elimination of "occupied vehicles" from the first part of the revision to F.S. 776.013 simply pushed self defense in occupied vehicles into F.S. 776.012, with the added benefit of still having the "presumptions" in 776.013.
This means if you are in reasonable fear of imminent unlawful harm to yourself or another in an "occupied vehicle" -- you can threaten or use the appropriate degree of force authorized by F.S. 776.012 (ie: non-deadly or deadly, depending on circumstances), and Stand Your Ground without retreating -- as long as you are "in a place where you have a right to be" and are not engaged or using the vehicle for "criminal activity". Plus, you also get to use the "presumptions" in 776.013 if someone has unlawfully and forcefully entered or is attempting to enter an occupied vehicle. (except against a police officer or other person having a right to enter).
*** copyright by jon gutmacher 2017
0 komentar:
Posting Komentar