this post was submitted on 19 Dec 2024
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It depends on the State for specific legality.
Armed or not, an actual threat or not, an intruder into an occupied home leaves benefit of the doubt at the entry point they used to get in. It might have been intended as a burglary instead of a home invasion, but the perpetrator does not get to make that distinction.
There is a tangible difference between regular property crime like shoplifting, fraud, or theft outside of a dwelling and the violation of a home. And another tangible difference if that home is occupied.
Sure, this is adjudicated though there's absolutely zero question to it at this point.
No one said they did.
Correct, the jury instructions are public and literally all of that is in it.
I'm not even quite sure what your point is.