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Oregon Castle Doctrine Initiative (2012)

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An Oregon Castle Doctrine Initiative did not make the November 2012 statewide ballot in the state of Oregon as an initiated state statute. The measure would have expanded laws allowing defensive use of deadly force against adult trespassers.[1]

Text of measure

The draft ballot title is:[1]

Expands laws allowing defensive use of deadly force; eliminates liability for adult trespasser's injury/death.

Result of "Yes" Vote: "Yes" vote presumes resident (defined) justifiably uses deadly force against "intruder" (defined) whether or not intruder uses force; eliminates liability for adult trespasser's injury/death.

Result of "No" Vote: "No" vote retains laws allowing defensive use of force, including deadly force, that person reasonably believes necessary; retains liability for injury/death to adult trespasser.

Summary: Current law allows deadly force in defense of self, others, or property only if other person is using or about to use deadly force. Measure creates presumption that "resident" (defined) lawfully used deadly force against "intruder" (defined) because resident reasonably believed "intruder" was using or about to use deadly force; creates presumption that deadly force is justified whether or not "intruder" is using or threatening to use force. Currently, landowner may be liable to adult trespassers that landowner injures willfully or wantonly. Measure provides that "owner" (defined) is not liable for injury to adult trespasser caused by any condition of land or fixtures; provides exception for device(s) intended to injure persons. Measure does not change current laws allowing limited liability for child trespassers. Other provisions.

Path to the ballot

See also: Oregon signature requirements

In order to qualify for the ballot, supporters were required to collect a minimum of 87,213 valid signatures by July 6, 2012.

See also

External links

References