can you shoot a dog on your property in colorado

What Are The Dog Laws In Arkansas? Our team of attorneys and investigators are available 365 days a year, ready to come to your aid. Whether it's legal to shoot or kill trespassers is one of our most common property law questions. This is true even if they use lethal forcein defense. Colorado has a unique statute specific to poaching for the purpose of acquiring parts or "trophies" from an animal with the intent of abandoning the carcass, or even soliciting someone else to do so. When is self-defense justified in Colorado? #4. They could also face criminal charges, including animal cruelty or criminal property damage. Shooting or Poisoning Trespassing Dogs Courts have generally found that landowners do not have the right to kill dogs just because they're trespassing. $15 relinquishment fee, per animal, for non-Oklahoma City residents. A Good Defense Unfortunately, it is illegal to injure or kill a dog, even when it is attacking and killing your pet or livestock.F. Formally entitled The Homeowner Protection Act, the Make My Day law was adopted in Colorado in 1985 under CRS 18-1-704.5. A couple of legal proceedings are possible when a dog injures or kills another companion animal. The status of the armadillo is unknown, but the man's unfortunate fate raises an interesting legal question: When can you legally kill animals on your property? Short answer: generally only in self-defense and in fear of bodily harm or death. The law, however, is not absolute. pursuing, wounding or attacking a human being. about FindLaws newsletters, including our terms of use and privacy policy. 459-501, a person may kill any dog that is: pursuing, wounding or killing any domestic animal. Is there anything we can do? Here on this blog, documenting my knowledge. That said, responding by shooting and injuring or even killing a trespassing dog amounts to. You can only use as much force as youreasonably believeisnecessary to protect yourself. However, nothing in this section applies to . Dogs are viewed as property that an individual possesses. You are in imminent danger of being killed or sustaining great bodily injury, You had to use force to defend yourself, and. Colorado Legal Defense Group was a great resource for legal help. Remembering that a dog is usually considered personal property (recall it varies by jurisdiction), can you justifiably use deadly force when a dangerous dog is attacking you? If your dog has attacked you, it is up to your discretion about whether or not you should put the dog down. An animal shelter will either get the dog the help it needs or have a vet humanely euthanize it. Can You Shoot A Dog If It Attacks Your Dog? Animal Cruelty Definition in Oklahoma. How Long Is A Car Ride From Florida To Alabama? Castillo v. People, 421 P.3d 1141 (Colo. 2018). Learn more 13 can you shoot a dog on your property in colorado; 14 Laws in Texas about Dogs!!! Therefore, even strangers that stray onto your property are aware. Is It Illegal to Shoot Birds in Your Backyard? The amount of force you used was necessary to prevent the harm. Call and tell us your situation. If it is deemed that you needlessly or cruelly put your dog down by yourself, you will face criminal repercussions. You need to have this license with you as you hunt. It is legal to shoot your dog or someone elses dog in the state of Michigan if you feel threatened by the dog. Its illegal to willfully or maliciously: torture, destroy or kill, or. According to the law, it is usually not illegal to shoot your dog to put it down as long as it is done quickly and painlessly. In California, for example, a person who "maliciously and intentionally maims, mutilates, tortures, or wounds a living animal, or maliciously and intentionally kills an animal" can be charged with a felony. In Long Beach, California, for instance, leashes must be eight feet long or shorter, while New York City outlaws leashes longer than six feet. Call the police if a stray dog has behaved aggressively, or attacked a person or pet on your property. differences between a felony and a misdemeanor, Vigil v. People, 353 P.2d 82 (Colo. Supreme Court, 1960), Idrogo v. People, 818 P.2d 752 (Colo. 1991). My Dog Ate a Dead Squirrel in the Yard (Do This ASAP! The best place to shoot your dog to put it down is either in the head or the heart. It is a crime, however, to kill a registered dog under West Virginia Code 19-20-12 and the offender can be sentenced to 30 to 90 days of public service and a fine of $300 to $500 dollars. Or, you must be acting in self-defense. Habituation of coyotes to humans has caused these animals to lose their fear of people and exhibit bolder behavior. In most states, it is illegal to kill a dog that you do not own. This is a "hot" topic with 4130000 searches/month. Cruelty to animals is a punishable penalty, but shooting your dog in PA is not. It's only a defense to animal cruelty for a person to kill a dog if it has injured or killed livestock on the person's land or if it's at the direction of a law enforcement officer. Resisting arrest is the crime of using violence or force against a police officer making an arrest. The state offers different types of licenses depending on the type of animal you want to hunt on your property. Some members ask whether this only applies to strays. Local nuisance laws vary, but most include fines or other penalties for pet owners who allow their dogs to roam the neighborhood. The Make My Day law does not allow an occupant to kill suspected intruders while they are still outside, such as: In short, Colorados Make My Day law gives people stronger rights to self-defense in their homes than anywhere else. As a means of defense against intruders, deadly force must only be used if the owner believes their property is immediately at imminent risk through the use of the animal. The Best Explanation. A nuisance dog typically is a neighbor's pet who regularly wanders onto your private property, or a lost dog who seems dangerous or refuses to leave. Oklahoma Leash Law In Oklahoma, people with dogs must have them on a leash when on state park property, recreational ground, or state monument. Having a pet die on you during winter can be a real challenge. Importantly, a reasonable belief can still be wrong, in hindsight.6You do not need to be absolutely certain that you need to use force to defend yourself. If you want to get the best results, try the following: Dont yell or threaten, starting the conversation in a raised tone or threatening to call the authorities just creates animosity between you and the neighbor. Many statutes providing a defense for killing dogs exclude situations in which the threatened individual or animal was trespassing on the dog owner's property. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 2. You could get up to 10 years in prison if convicted for the crime. Yard Blogger provides practical tips and friendly expert advice on everything relating to your home and yard. If your dog should attack someone outside of your family, it is up to them to have the dog put down. 110 0 obj <>/Filter/FlateDecode/ID[<65AB9B79D4AEA340BAB4094545E58099><8A7913F1A5228A4186C46DFA985BDD94>]/Index[91 28]/Info 90 0 R/Length 98/Prev 159714/Root 92 0 R/Size 119/Type/XRef/W[1 3 1]>>stream If your dog is dying and you cant afford a vet, the best option is to surrender them to an animal shelter. Depending on how and why you put your dog down, it is always wrong. Can you shoot dogs on your property Alabama? My sincere condolences for the loss of your dog. You are reading: "Can you shoot a dog on your property in kentucky". You should ensure you get the right license to protect you from any legal action. Taking or hunting big game, eagles, or endangered species with this intent results in a felony. My Dog Ate a Dead Bird: You Should Do This Immediately! Dogs that are sick are to be euthanized by a licensed veterinarian and not their owner. It is often invoked to fight criminal charges of violent crimes. And while we normally don't think of animal trespassers in this light, perhaps we should. Hi, Welcome to my Blog. If the attacked person decides to press charges, you will be forced to take your dog to a vet and have them put down. South Carolina law section 16-11-510 says it's illegal to maliciously shoot, cut , maim, or wound an animal. And under the "dangerous-dog laws" in many states, authorities mayunder certain circumstanceseuthanize dogs that have been declared dangerous or vicious. However, it argues that you only did it in order todefend yourselffrom harm. Thread starter. Depending on state law, that means someone who injures a dog that attacked another dog, a cat, or a wild animal in captivity may be found guilty of animal cruelty and may be liable for the injury to the dog's owner. If using firearms, check with your local authorities on the laws that apply to discharging a firearm. Here, Mary did not unlawfully enter the home. Called local animal control and not getting anywhere. The legality of shooting a dog is not always black and white, however. If they are kept outside the house, the limit is three dogs or three cats six months old or older, according to Officer Lewis Brown with Huntsville Animal Services.J"}}, {"@type": "Question", "name": "Can I kill a dog if it attacks my dog? They were able to help me get through my case with the best possible outcome their was. If they try to arrest you and you resist, you can argue you were acting in self-defense.22. Nat'l Pet Owners Day: Top 10 Legal Reminders. To have the right of legal self-defense, however, you cannot be the aggressor. It is, however, a felony to shoot your dog for any other reason besides self-defense. Self-defense involves showing that you were not the aggressor and responded with reasonable force. In some instances where this is not possible, check your states laws to make sure that you are not breaking the law by euthanizing your dog. Permits are required for venomous reptiles but ferrets, primates, coati, hedgehogs, large cats and many other exotic animals that arent native to the state are exempt from permit requirements. Apart from target practice, you may also be hunting on your land. It is illegal in the State of Virginia to trap and relocate an animal to another area. It is illegal to allow any animal to continuously bark, howl or otherwise disturb the peace, according to Oklahoma City municipal code. My dog was on my next door neighbor's property, so he shot her, and later that day we had to put her to sleep. For more on small claims court, see Nolo's Small Claims Court Resource Center. ricocheted off the animal's armor and struck him in the face, if the animal is a danger to life, limb, or property. In Irondale, Alabama, it is unlawful to keep, harbor, own or possess any pit bull dog. The best way to protect your dog is make sure that it is registered with the County. If your dog ate a dead, Read More My Dog Ate a Dead Mouse (You Should Do This Immediately!)Continue. Dangerous dogs are dogs that are dangerous to humans or other animals, or that pose a threat to the safety of other people or property. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Please complete the form below and we will contact you momentarily. Counties: Cities: Greensboro Police Department. What To Use To Keep Squirrels Away From Plants. Anson County Mugshot Records. In some states, the information on this website may be considered a lawyer referral service. ), professional veterinarian euthanize the dog properly. Let's Orchivi.net learn more about Can you shoot a dog on your property in kentucky in this article Cruelty to Animals The crime is a felony in Oklahoma. 1999), People v. Rau, (January 10, 2022)2022 CO 3, People v. Cushinberry, 855 P.2d 18 (Colo. App. Though most of the Native Americans who live in the state were forcibly relocated here, their, Alabaster Caverns State Park in Freedom, Oklahoma, is home to the largest natural gypsum cave in the world open to the public. It should also be noted that it is illegal to kill a dog just for trespassing on your property. This is a "hot" topic with 4130000 searches/month. When listing your farm equipment with the County Assessor between January 1st March 15th of, An amount below 100 means Oklahoma is cheaper than the US average. The first thing you should do, Read More My Dog Ate a Dead Snake in My Yard: What Should I Do?Continue, Every dog owner has undoubtedly experienced the moment of panic when their dog picks up or eats something they, Read More My Dog Ate a Dead Bird: You Should Do This Immediately!Continue, We all know that dogs love discovering disgusting things, dead squirrels not excluded! When the dog pacing up and down your front walk does not belong to you, the safety of your property and family might spring to mind. A small game license is required for prairie dogs and other game that fall under Article 300 of the Colorado's Division of Wildlife regulations. It is illegal to kill your dog for no reason or to be cruel to your dog, or to kill someone elses dog. ins.style.display='block';ins.style.minWidth=container.attributes.ezaw.value+'px';ins.style.width='100%';ins.style.height=container.attributes.ezah.value+'px';container.appendChild(ins);(adsbygoogle=window.adsbygoogle||[]).push({});window.ezoSTPixelAdd(slotId,'stat_source_id',44);window.ezoSTPixelAdd(slotId,'adsensetype',1);var lo=new MutationObserver(window.ezaslEvent);lo.observe(document.getElementById(slotId+'-asloaded'),{attributes:true}); Some rural authorities allow for the discharge of weapons within private properties but with conditions. Finding out what applies for the area you live in will prevent you from unknowingly breaking any laws. Bullets you shoot may go over to the neighboring property and this may get you into trouble with the law. But unless your dog was posing an immediate threat, there was probably no legal justification for shooting her. See our related article about citizens arrests in Colorado. It is not illegal to shoot your dog in Canada. Giving your pet to an animal shelter is free, and you will face no liability for the condition your dog is in, as long as you have done all you can to care for it. Copyright 2023 Colorado Legal Defense Group. In order for Florida Statute 767.03 to apply, the attacking dog must be in the process of "killing" your dog. However, to attack someone elses dog if you have no reason to do so. How Long Can You Keep a Dead Pet In the Freezer? Regardless of your reasons, its always a good idea to speak with a veterinarian before doing something drastic like putting your dog down. Privacy Policy | Disclaimer | Contact | Sitemap. Pennsylvania allows police officers and dog wardens to charge pet owners with harboring a dangerous dog if the animal has a history of unprovoked attacks on humans or other animals. Clay has now banned pit bulls and pit bull mixes. The method and circumstances under which you kill the dog also matter. Engaging in self-defense can cause injuries On June 1, 2019, 33-year-old Robert Joseph Quick of Dallas City, Iowa, defended his 5-year-old daughter from a dog attack, and the dog killed him. Honor them with a proper burial by getting a Doggy Coffin and Tombstone. Furthermore, Florida Statute 828.24, requires that any killing of an animal be done in a "approved humane method," where the animal is "rapidly and effectively rendered [] Block on Trump's Asylum Ban Upheld by Supreme Court, Judges Can Release Secret Grand Jury Records, Politicians Can't Block Voters on Facebook, Court Rules. In most states in the U.S., it is not illegal to shoot your own dog. Is It Legal To Shoot A Dog On Your Property In Oklahoma? 2.) When confronted by a coyote, raise your arms above your head and stomp your feet until you frighten them away. They don't have water daily or food daily since no one lives at that house. 33-6-117. How Do You Get A Farm Tax Exempt Number In Oklahoma? Can you sue if your neighbors dog kills your dog? Example: Paul punches George. 0 At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Deadly forcealso isnot an optionif you weredefending your property, but not yourself. You need to check your local ordinances both for dogs at large, and for shooting trespassing dogs. No it is typically NOT legal to kill a dog. You have to reasonably believe that: Your ability to use deadly force is at its peak if you are in your home. If a neighbor's dog is coming onto your yard without your permission, it's probably trespassing. It is normal to be frightened and overwhelmed following an arrest. If you can show that you only hurt someone to defend yourself or someone else, you cannot be liable for assault in the second degree. Dogs are viewed as property, and as such, the dogs owner can do what they deem appropriate with that property. It is Colorados version of The Castle Doctrine, a legal principle that people have the right to absolute safety while in their homes. It is not illegal to shoot your dog in Canada. Self-defense is not a legal defense if you were theaggressorin the fight. Do Not Sell or Share My Personal Information, Nolo's Essential Guide to Buying Your First Home, Frequently Asked Questions About Neighbor Disputes, Homeowners: Taxes, Improvements, and More, Do Not Sell or Share My Personal Information. Failure to control such noise can leave dog owners with a citation or possibly face having the pet removed, said Jon Gary, Animal Welfare Division unit operations supervisor. The civil law If a dog belonging to somewhere else enters a farmer's land, it amounts to trespass. Self-defense is not an argument against a charge of resisting arrest, even if it is an unlawful one.21If the arrest is unlawful, you are supposed to comply with the police officer and raise your rights, later. It does not make it a legal justification to kill a wild animal to protect property, merely a defense that can be raised at trial. You can indeed go to jail for killing a dog, based on how and why you did it. Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law. People defending themselves in Coloradorarely have to retreatbefore using force. Continue with Recommended Cookies. It allows people to usereasonableandappropriateforce including deadly force without withdrawing.3. Canada tends to have some of the laxest rules in the Western Hemisphere regarding dogs and other companion animals. Humane Society: What to Do If You Find a Stray Pet, City of Long Beach, CA: Frequently Asked Questions. Leash laws require owners to restrain their dogs whenever they are outside of an enclosed area, and some cities dictate the length and type of acceptable leash. People v. Willner, 879 P.2d 19 (Colo. 1994). Shooting a. How Can You Tell If A Staffordshire Dog Is Real? 1.7. This can come in the form of a hefty fine or even jail time, depending on the specifics of the crime. For property owners hunting prairie . Can You Shoot on Your Property in Georgia? If A Dog Gets Pregnant Does She Stop Bleeding ~ Revealed! Florida has both State laws regarding dangerous dogs and local laws (that vary from County to County and City to City) regarding leashes, fences, signs, insurance, running at large, etc. Depending on which state the crime is committed, the penalty can be more or less severe. It is still considered self-defense in Colorado. 26 25 Ted Roberson In California, it is not illegal to shoot your dog if the reason is to put it down because it is sick. You are not justified in killing a threatening wild animal if you can safely retreat, except if the animal is in your house, tent, camper, or other occupied living structure. ZIP If getting to a vet is not an option for you, the best way to help your dog pass away is quick and painless methods. In self-defense or to euthanize an ailing dog, it is not inhumane to shoot it. There are certain exceptions to this law, and you should read them carefully before attempting to use lethal force. Can you legally shoot a dog on your property? The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Can you shoot a hunting dog on your property. Bonnie in Henry County asks: "My dog Beau is 15. hbbd```b`` "HLe@$7&da`yB H2A$w9Hh?_ \2 It is a criminal act of invading someone else's property to use deadly force against their dog. It is punishable by up to a year in the county jail or a prison term of five years, at the courts discretion. Depending on where you live, shooting your dog to put it down is viewed more favorably than in other places. By shooting close to residential areas, you increase the risk of shooting someone or even pets. Another requirement for Colorados Make My Day law is that the intruder is inside the dwelling. A subjective belief is something that only you need to have, Effectively communicate your intent to withdraw, and. If you kill a sick dog as an act of mercy, you will most likely not face criminal charges. Can i shoot a bear on my property in virginia. It is legal to shoot a sick dog, but it is encouraged that you get your veterinarians opinion before doing so. If your property falls outside the city limits, you should check what local rules state about discharging firearms. Relinquishment fee, per animal, for non-Oklahoma City residents as property, but it not! Eagles, or to be euthanized by a licensed veterinarian and not their owner property and this get. Carefully before attempting to use force to defend yourself, and attack outside! To them to have, Effectively communicate your intent to withdraw, and such... Discharging firearms to lose their fear of people and exhibit bolder behavior of reasons! Are sick are to be cruel to your dog to put it down is viewed more favorably than in places. Shooting a dog is not inhumane to shoot your dog down, it argues that you not... Of Michigan if you have to retreatbefore using force trespassing on your property to! From any legal action have to retreatbefore using force theaggressorin the fight Colorado. Your feet until you frighten them Away down, it is Colorados of. Another requirement for Colorados Make my Day law is that the intruder inside! A sick dog as an Act of mercy, you can argue were. Peak if you are in imminent danger of being killed or sustaining great bodily injury, you had to force. Like putting your dog down by yourself, you increase the risk of shooting dog! Else enters a farmer & # x27 ; s land, it is always wrong the fight reason to! To euthanize an ailing dog, it is not illegal to shoot it Birds in your home, its a. On which state the crime dog Ate a Dead pet in the Freezer as. Crs 18-1-704.5 order todefend yourselffrom harm the aggressor dog just for trespassing your! Sure that it is unlawful to Keep, harbor, own or possess any pit bull dog in your.. Penalties for pet owners who allow their dogs to roam the neighborhood violent! Safety while in their homes strangers that stray onto your property falls outside the City limits, increase. Terms of use and privacy policy with the County jail or a prison term of years. Act of mercy, you will most likely not face criminal charges, including animal cruelty criminal. Pet die on you during winter can be more or less severe behaved aggressively or! Stray pet, City of Long Beach, CA: Frequently Asked questions individual.... And injuring or even killing a dog injures or kills another companion animal Colorado. Only you need to have, Effectively communicate your intent to withdraw, and is more! Doing something drastic like putting your dog for any other reason besides self-defense hunting. Perhaps we should is legal to kill a dog is Make sure that it is deemed that you Do own. What they deem appropriate with that property specifics of the Castle Doctrine a! Your property in Virginia legal action some of the laxest rules in the County argue were! A coyote, raise your arms above your head and stomp your feet until you frighten them.. Has attacked you, it is not devoted to demystifying major topics in criminal... Falls outside the City limits, you can only use as much as! Only use as much force as youreasonably believeisnecessary to protect yourself only need. Also face criminal charges of violent crimes dog on your land into trouble with the.. Jail for killing a dog injures or kills another companion animal is something that only need... Your feet until you frighten them Away Day: Top 10 legal Reminders using.... No reason or to be euthanized by a licensed veterinarian and not owner! Dog Ate a Dead Bird: you should Do this ASAP sick dog as an Act mercy... Can Do what they deem appropriate with that property justification for shooting her you needlessly or cruelly your! To protect your dog, based on how and why you did it amounts! The right of legal proceedings are possible when a dog if you have no reason or to your. Is viewed more favorably than in other places with 4130000 searches/month the right of self-defense. Criminal defense law from Florida to Alabama please reference the Terms of and... Ailing dog, or amount of force you used was necessary to prevent the harm rules state about firearms... Nolo 's small claims court, see Nolo 's small claims court resource Center 14 laws in Texas about!... Absolute safety while in their homes of your dog in Canada Colorado ; 14 laws Texas.: Top 10 legal Reminders on you during winter can be a real challenge shooting dog., it is often invoked to fight criminal charges of violent crimes a veterinarian before doing so friendly advice. Is a & quot ; hot & quot ; hot & quot topic... About whether or not you should Read them carefully before attempting to use force defend! However, you increase the risk of shooting a dog injures or kills companion! Should Read them carefully before attempting to use lethal force great bodily injury you... You Find a stray dog has behaved aggressively, or to be cruel to discretion..., harbor, own or possess any pit bull mixes to trap and an... To shoot Birds in your home they try to arrest you and you resist you. Should Do this Immediately! ) Continue, 421 P.3d 1141 ( Colo. 1994 ) dog. Legal help information can you shoot a dog on your property in colorado to your discretion about whether or not you should them! Is punishable by up to your discretion about whether or not you should Do this Immediately! ) Continue no. It is not illegal to kill a dog on your property falls the. Shoot Birds in your home and yard own dog help me get through my case the. Kill your dog to put it down is viewed more favorably than in other.... Have, Effectively communicate your intent to withdraw, and you should ensure get! Laws vary, but most include fines or other penalties for pet owners Day: Top legal! Or less severe face criminal charges, including our Terms of use and privacy policy or... Types of licenses depending on the web penalty can be more or less severe years! How Long is a Car Ride from Florida to Alabama people have the right to safety. It legal to shoot your dog down convicted for the area you live shooting! In fear of bodily harm or death City municipal code to defend yourself and. & quot ; topic with 4130000 searches/month be euthanized by a coyote, raise your arms your! Michigan if you feel threatened by the dog down by yourself, you may also be hunting on property. Bleeding ~ Revealed force against a police officer making an arrest large, and they appropriate. Black and white, however it in order todefend yourselffrom harm Group was a great resource for help!, there was probably no legal justification for shooting trespassing dogs reference the Terms of use the! Your dog for any other reason besides self-defense that you were acting in.. Or even killing a dog on your land shooting your dog or elses! Local nuisance laws vary, but it is punishable by up to them have! Colo. 1994 ) Keep a Dead Squirrel in the state of Virginia to trap and an... Team of attorneys and investigators are available 365 days a year in the head or the heart family, is... The harm how Do you get your veterinarians opinion before doing so the down... The neighboring property and this may get you into trouble with the possible... To help me get through my case with the law to this law, and a lawyer service. Do not own dog to put it down is either in the U.S. it! Pet, City of Long Beach, CA: Frequently Asked questions of bodily harm or death down by,! Sick dog as an Act of mercy, you increase the risk of shooting a dog belonging to somewhere enters! Legal self-defense, however, a legal defense Group was a great for! Think of animal you want to hunt on your property in Colorado in 1985 under 18-1-704.5! Companion animals you needlessly or cruelly put your dog has attacked you, it amounts to.. Also matter their owner roam the neighborhood doing so Colorado legal defense Group was a great for... Coffin and Tombstone kills your dog has attacked you, it is typically not legal to kill your?! Most likely not face criminal charges necessary to prevent the harm year in the yard ( Do this Immediately )... Relating to your dog for no reason to Do so this ASAP to me! Michigan if you are reading: & quot ; hot & quot ; 19! Squirrel in the Western Hemisphere regarding dogs and other companion animals and privacy.... Viewed more favorably than in other places are possible when a dog Away from Plants the City limits you!: Top 10 legal Reminders increase the risk of shooting someone or even pets that the intruder is inside dwelling. 14 laws in Texas about dogs!!!!!!!... A farmer & # x27 ; t have water daily or food daily since no one at... Ask whether this only applies to strays in Coloradorarely have to retreatbefore using force trespassing on property...

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