ABA Family Legal Guide

Home Ownership

Property Insurance and Other Protections

Security Issues

What is considered "reasonable force"?

States vary widely on what they consider reasonable force. In general, if you use force against an intruder, use no more than appears necessary. That is, if a shout sends the burglar running, don't pull a gun and shoot him in the back. If a single blow stops a burglar in his tracks, don't beat him to a pulp. If the intruder isn't threatening bodily harm to someone in the house, you're on shaky ground if you use deadly force. Some courts have held that a homeowner who could retreat safely isn't justified in beating or killing the intruder. Likewise, courts have held that a homeowner isn't justified in attacking a burglar if it appears that a shout or warning would be enough.

What about booby-trapping your home to keep burglars out? People have gotten into serious legal trouble for this sort of thing. Even if you're fed up with repeated break-ins, you can't set up a gun rigged to shoot anyone who comes through the window. First, it's not up to you to impose a death sentence on someone who might try to break in, and second, the next person through the window might be a firefighter trying to save you.