Self defense rights against criminal use of a taser

The #1 community for Gun Owners in Indiana

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • edporch

    Master
    Site Supporter
    Rating - 100%
    25   0   0
    Oct 19, 2010
    4,663
    149
    Indianapolis
    SITUATION: I'm out and about and a criminal attempts to shoot me with a taser.

    Am I legally allowed to use my carry pistol to shoot the attacker and stop the attack?
    Or am I compelled by law to just let them shoot me with the taser under the theory that it's a "non lethal" weapon?
     

    PRasko

    Expert
    Rating - 100%
    6   0   0
    Dec 3, 2013
    1,243
    113
    Amish country
    I am not a lawyer.

    Assault is a felony. Taser or not.

    35-41-3-2


    (c) A person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force.  However, a person:
    (1) is justified in using deadly force;  and

    (2) does not have a duty to retreat;

    if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony.  No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.

    (d) A person:
    (1) is justified in using reasonable force, including deadly force, against any other person;  and

    (2) does not have a duty to retreat;

    if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.


     

    Thor

    Grandmaster
    Site Supporter
    Rating - 100%
    2   0   0
    Jan 18, 2014
    10,704
    113
    Could be anywhere
    Do you believe they will stop with the taser? If someone breaks into your house will they stop with only stealing stuff?

    I think in both cases you must assume their intent is to kill you.

    If not a taser, how about a bat or hammer? Assault is an action, not a tool.
     

    CitizenX

    Marksman
    Rating - 0%
    0   0   0
    Jun 23, 2012
    223
    43
    Tippecanoe
    They taze you to get your gun and other items of value not to mention you must assume they are likely to use your gun to kill you. They have left you no other alternative but to shoot them first. Besides, they could put an eye out with that tazer! ;)
    This sounds familiar to a current event... just sayin.
     
    Last edited:

    KellyinAvon

    Blue-ID Mafia Consigliere
    Staff member
    Moderator
    Site Supporter
    Rating - 100%
    6   0   0
    Dec 22, 2012
    24,796
    150
    Avon
    I think both the serious bodily injury and prevent forcible felony boxes are checked. I'M NOT A LAWYER, but it seems "reasonable" to me anyway.
     

    churchmouse

    I still care....Really
    Emeritus
    Rating - 100%
    187   0   0
    Dec 7, 2011
    191,809
    152
    Speedway area
    Have you ever been nailed with a serious electrical jolt. I don't care if its just 120 volts from a receptacle it ****ing hurts. Step up to 220 and you are on your knees.
    277 will knock you to the floor.
    Now amp that up to the charge levels of a fully charged up Tazer. No real amperage per-say but the voltage will stun and debilitate you. We have all seen the results in the video's and the cop shows.
    If you are being tazed I seriously doubt you are pulling any defensive weapons' let alone deploying them.
     

    Denny347

    Grandmaster
    Rating - 100%
    21   0   0
    Mar 18, 2008
    13,417
    149
    Napganistan
    What's the intent? Use of a Taser CAN be forcible felony depending on the intent. So, the correct answer to this, and most questions like it, is, "It depends."
     

    Denny347

    Grandmaster
    Rating - 100%
    21   0   0
    Mar 18, 2008
    13,417
    149
    Napganistan
    If a stranger walks up and tries to tase you, how would that not qualify?
    It could.

    My thoughts regarding a posed question about how the threat of incapacitation can lead to death.

    My response from Facebook


    "Incapacitation CAN justify lethal force. (I can only speak for Indiana law) It is about intent. Example. Person A can rob Person B with a Taser. That is a forcible felony. Under Indiana IC 35-31.5-2-138 Forcible Felony =a felony that involves the use or threat of force against a human being, OR in which there is imminent danger of BODILY INJURY to a human being. IC 35-31.5-2.292 defines "Bodily injury" Sec. 29. "Bodily injury" means any impairment of physical condition, including physical pain. Under IC 35-41-3-2 (c) A person is justified in using reasonable force on any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. IC 35-41-3-3 (b) goes one to state; A law enforcement is justified in using deadly force if the officer has probable cause to believe that deadly force is necessary to prevent the commission of a FORCIBLE FELONY or to affect an arrest of a person who the officer has probable cause to believe poses a threat of serious bodily injury to the officer or third party."
     

    Sigblitz

    Grandmaster
    Trainer Supporter
    Rating - 100%
    9   0   0
    Aug 25, 2018
    14,585
    113
    Indianapolis
    SITUATION: I'm out and about and a criminal attempts to shoot me with a taser.

    Am I legally allowed to use my carry pistol to shoot the attacker and stop the attack?
    Or am I compelled by law to just let them shoot me with the taser under the theory that it's a "non lethal" weapon?

    Well, wouldn't he have the power?
    Did he charge at you?
     

    Denny347

    Grandmaster
    Rating - 100%
    21   0   0
    Mar 18, 2008
    13,417
    149
    Napganistan
    SITUATION: I'm out and about and a criminal attempts to shoot me with a taser.

    Am I legally allowed to use my carry pistol to shoot the attacker and stop the attack?
    Or am I compelled by law to just let them shoot me with the taser under the theory that it's a "non lethal" weapon?

    Did you reasonably believe you were about to be the victim of a forcible felony? Would a reasonable person, knowing the same facts and circumstances, come to the same conclusion? If so, you are ok.
     

    KLB

    Grandmaster
    Rating - 100%
    5   0   0
    Sep 12, 2011
    23,011
    77
    Porter County
    It could.

    My thoughts regarding a posed question about how the threat of incapacitation can lead to death.

    My response from Facebook


    "Incapacitation CAN justify lethal force. (I can only speak for Indiana law) It is about intent. Example. Person A can rob Person B with a Taser. That is a forcible felony. Under Indiana IC 35-31.5-2-138 Forcible Felony =a felony that involves the use or threat of force against a human being, OR in which there is imminent danger of BODILY INJURY to a human being. IC 35-31.5-2.292 defines "Bodily injury" Sec. 29. "Bodily injury" means any impairment of physical condition, including physical pain. Under IC 35-41-3-2 (c) A person is justified in using reasonable force on any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. IC 35-41-3-3 (b) goes one to state; A law enforcement is justified in using deadly force if the officer has probable cause to believe that deadly force is necessary to prevent the commission of a FORCIBLE FELONY or to affect an arrest of a person who the officer has probable cause to believe poses a threat of serious bodily injury to the officer or third party."
    Thanks. That covers what I was thinking about the situation. You could definitely cause bodily harm with a taser.
     

    Thor

    Grandmaster
    Site Supporter
    Rating - 100%
    2   0   0
    Jan 18, 2014
    10,704
    113
    Could be anywhere
    Thanks. That covers what I was thinking about the situation. You could definitely cause bodily harm with a taser.

    And as I indicated earlier if some perp is deploying a taser on you that's just the opening scene for what he/she's got planned.
     

    eldirector

    Grandmaster
    Rating - 100%
    10   0   0
    Apr 29, 2009
    14,677
    113
    Brownsburg, IN
    So, wait... If I walk up to a random person and shoot them with a tazer "just for fun" and not with any intent to really hurt them (beyond possibly killing them with the tazer) and not intending to do anything else to them (it was just for fun), this ISN'T a forcible felony?

    Sounds an awful lot like that "sucker punch" game punks were playing in some places. Walk up an nail a person for giggles. How is a tazer different? Both are using force to commit a felony.
     

    Denny347

    Grandmaster
    Rating - 100%
    21   0   0
    Mar 18, 2008
    13,417
    149
    Napganistan
    So, wait... If I walk up to a random person and shoot them with a tazer "just for fun" and not with any intent to really hurt them (beyond possibly killing them with the tazer) and not intending to do anything else to them (it was just for fun), this ISN'T a forcible felony?

    Sounds an awful lot like that "sucker punch" game punks were playing in some places. Walk up an nail a person for giggles. How is a tazer different? Both are using force to commit a felony.

    Depends. Would a reasonable person believe they were being robbed or suffer SBI or did they know they were to become a victim of a adolescent's prank? What was the felony you were furthering? Battery? Here is the code for that. This is just the excerpt from level 6 felony and greater:

    (f) The offense described in subsection (c)(2) is a Level 6 felony if the person knew or recklessly failed to know that the bodily fluid or waste placed on another person was infected with hepatitis, tuberculosis, or human immunodeficiency virus.


    (g) The offense described in subsection (c)(1) or (c)(2) is a Level 5 felony if one (1) or more of the following apply:


    (1) The offense results in serious bodily injury to another person.


    (2) The offense is committed with a deadly weapon.


    (3) The offense results in bodily injury to a pregnant woman if the person knew of the pregnancy.


    (4) The person has a previous conviction for a battery offense:


    (A) included in this chapter against the same victim;  or


    (B) against the same victim in any other jurisdiction, including a military court, in which the elements of the crime for which the conviction was entered are substantially similar to the elements of a battery offense included in this chapter.


    (5) The offense results in bodily injury to one (1) or more of the following:


    (A) A public safety official while the official is engaged in the official's official duties.


    (B) A person less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age.


    (C) A person who has a mental or physical disability if the offense is committed by an individual having care of the person with the disability, regardless of whether the care is assumed voluntarily or because of a legal obligation.


    (D) An endangered adult (as defined in IC 12-10-3-2 ).


    (h) The offense described in subsection (c)(2) is a Level 5 felony if:


    (1) the person knew or recklessly failed to know that the bodily fluid or waste placed on another person was infected with hepatitis, tuberculosis, or human immunodeficiency virus;  and


    (2) the person placed the bodily fluid or waste on a public safety official.


    (i) The offense described in subsection (c)(1) or (c)(2) is a Level 4 felony if it results in serious bodily injury to an endangered adult (as defined in IC 12-10-3-2 ).


    (j) The offense described in subsection (c)(1) or (c)(2) is a Level 3 felony if it results in serious bodily injury to a person less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age.


    (k) The offense described in subsection (c)(1) or (c)(2) is a Level 2 felony if it results in the death of one (1) or more of the following:


    (1) A person less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age.


    (2) An endangered adult (as defined in IC 12-10-3-2 ).
     
    Top Bottom