Axon
Platinum Member
It could be construed as battery. It depends. Remember, it is unclear what you have under your robes. They may be entering your property, but on Halloween that pseudo-protection goes out the window. If this were to somehow escalate into a court case, you would have a 99.9% chance of beating the accusation. But realize that people have been put in jail for simply brandishing an unloaded pistol.
However, you could argue that by coming onto your property, they consent to any and all Halloween activites therein. Provided there is no bodily harm. Trial by jury could go either way.
Whoever holds the deed to the property would be vicariously liable if civil charges were brought against you, which is far more likely than criminal charges.
Wiring an electrical fence is illegal; you'd need a permit, even if it is not lethal. Placing a sign out front won't alleviate any responsibility if someone gets shocked. Personal property laws only go so far, and like anything else, are interpreted on a case to case basis. You cannot, for example, mount self-firing paintball guns on your roof and have it shoot anyone that comes near your property. Claiming they're innocuous would not fly. Hell, even the first amendment was challenged in the Larry Flint case.
Don't get me wrong, I think you're doing something funny and cool. But that doesn't mean you can't get brought into a court if the opposing side is smart enough.
You certainly could under these circumstances.
However, you could argue that by coming onto your property, they consent to any and all Halloween activites therein. Provided there is no bodily harm. Trial by jury could go either way.
Whoever holds the deed to the property would be vicariously liable if civil charges were brought against you, which is far more likely than criminal charges.
Wiring an electrical fence is illegal; you'd need a permit, even if it is not lethal. Placing a sign out front won't alleviate any responsibility if someone gets shocked. Personal property laws only go so far, and like anything else, are interpreted on a case to case basis. You cannot, for example, mount self-firing paintball guns on your roof and have it shoot anyone that comes near your property. Claiming they're innocuous would not fly. Hell, even the first amendment was challenged in the Larry Flint case.
Don't get me wrong, I think you're doing something funny and cool. But that doesn't mean you can't get brought into a court if the opposing side is smart enough.
oh, and if some ass.. over 18 years old easy, looks like trailer trash, smoking person w/o costume comes onto your property asking for candy, do you give it to them?
You certainly could under these circumstances.