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Shoot the Carjacker Law Print E-mail
Written by Wayne R. Centanni   

Shoot the Carjacker LawCarjacking has become such a high-profile crime that the Louisiana Legislature passed a law during this session to ensure the right of drivers to defend themselves. The law allows carjacking victims to use deadly force against their attackers. The law in its written form is as follows:

 

 


To amend and reenact R.S. 14:20(3) and (4), relative to justification homicide; to provide that a homicide is justifiable when committed against a person who is attempting to make an unlawful entry into a motor vehicle or who is believed to be using force against a person present in a motorvehicle; and to provide for related matters.
Be it enacted by the Legislature of Louisiana: Section 1. R.S. 14:20(3) and (4) are hereby amended and reenacted to read os follows:
(2) Justifiable homicide. A homicide is justifiable:
(3) When committed against a person whom one reasonably believes to be likely to use any unlawful force against a person present in a dwelling or a place of business, or when committed against a person whom one reasonably is attempting to use any unlawful force against a person present in a motor vehicle as defined in R.S. 32:1(40), while committing or attempting to commit burglary or robbery of such dwelling, business, or motor vehicle. The homicide shall be justifiable even though the person does not retreat from the encounter.
(4) When committed by a person lawfully inside a dwelling a place of business, or a motor vehicle as defined in R.S. 32:1(40), against a person who is attempting to make an unlawful entry into a dwelling, place of business. Or who has made an unlawful entry into the dwelling, place of business, or motor vehicle, and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave the premises or motor vehicle. The homicide shall be justifiable even though the person committing the homicide does not retreat from the encounter.



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