From the Bayou Renaissance Man, we have a report of a new tactic in begging for money: The beggar opens your car door while you are sitting at a stop light. Let’s take a minute to review the applicable Florida law:
Statute 812.133 defines carjacking as taking a car from the custody of another using force, violence, assault, or putting in fear. The statue then states that carjacking is a felony of the first degree.
Statute 776.08 is a list of forcible felonies, which includes carjacking, robbery, and any other felony that includes the use or threat of force.
Statute 776.013 states that a person is presumed to be in reasonable fear of imminent death or great bodily harm if another person is in the process of unlawfully and forcefully entering an occupied vehicle, or is attempting to remove someone from a vehicle against their will. It further states that a person
who unlawfully and by force enters or attempts to enter a person’s
dwelling, residence, or occupied vehicle is presumed to be doing so with
the intent to commit an unlawful act involving force or violence. I would also point out that this statute also defines a vehicle as any conveyance, whether or not motorized, which is designed to transport people or property. It seems to me then, that this law also allows the use of deadly force to prevent one’s removal from a skateboard, bicycle, or any similar device.
Thus, it seems to me that a person that walks up to your car and opens the door is in the process of unlawfully entering your occupied vehicle, and deadly force would be lawful under Florida law. Of course, I am not a lawyer, and even if I were, there is no guarantee that you will not face the same fate as George Zimmerman.
SiGraybeard · September 11, 2013 at 10:43 pm
Thanks for doing the legwork to put up the laws on that.
Your conclusion is the same as mine, and probably everyone else who stops by here. If a beggar opens my door, he might something he never really wanted.
I'll take a bet that a few people around the country are going to get an extra navel or two, and this fad is going to stop. Even if that navel is a bit misplaced compared to the original equipment.
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