Title: Defense of Personal Property Act

Preamble:

Whereas, the protection of personal property is fundamental to individual rights and security; and

Whereas, individuals should have the legal right to defend their personal property from theft and vandalism; and

Whereas, it is necessary to clarify and expand legal protections for individuals who use force to defend their personal property in appropriate circumstances;

Section 1: Definitions

1. Personal Property: Any tangible or intangible property owned, possessed, or controlled by an individual, including but not limited to real estate, vehicles, and possessions.

2. Theft: The unlawful taking or appropriation of personal property with the intent to deprive the owner of their property permanently or temporarily.

3. Vandalism: The willful or malicious destruction, damage, or defacement of personal property belonging to another person, including but not limited to graffiti, property damage, and destruction of belongings.

Section 2: Right to Defend Personal Property

1. Justification of Force: Any individual who reasonably believes that force is necessary to prevent the theft or vandalism of their personal property shall be justified in using such force, including physical force or deadly force, as is reasonably necessary under the circumstances.

2. Presumption of Reasonableness: There shall be a presumption of reasonableness in favor of any individual who uses force to defend their personal property from theft or vandalism, provided that such force is proportionate to the threat faced and is exercised in good faith to protect against imminent harm, loss, or damage to their property.

Section 3: Reporting and Review

1. Incident Reporting: Any individual who uses force to defend their personal property from theft or vandalism shall report the incident to law enforcement as soon as practicable, providing a truthful and accurate account of the circumstances leading to the use of force.

2. Review of Incidents: Law enforcement authorities shall conduct a thorough investigation of incidents involving the defense of personal property to determine whether the use of force was justified under the provisions of this Act. Prosecution shall be pursued only in cases where there is evidence of unlawful conduct or excessive use of force.

Section 4: Severability

If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances shall not be affected.

Section 5: Repeal of Conflicting Provisions

All laws and parts of laws in conflict with this act are hereby repealed.

Section 6: Enactment

This act shall be enacted into law upon approval by the Governor.

Sponsor: Michael Holloman

Co-Sponsors: TBD

Date Introduced: TBD

Status: DRAFT