How has section 198.3.5 of the California Penal Code been interpreted by courts?

California, United States of America


The following excerpt is from People v. Talian, B271653 (Cal. App. 2017):

3. Section 198.5 "'was intended to give residential occupants additional protection in situations where they are confronted in their own homes by unlawful intruders such as burglars.'" (People v. Grays (2016) 246 Cal.App.4th 679, 686; see People v. Owen (1991) 226 Cal.App.3d 996, 1005 ["[t]he legislative history of section 198.5 indicates the statute was enacted to permit residential occupants to defend themselves from intruders without fear of legal repercussions, to give 'the benefit of the doubt in such cases to the resident, establishing a presumption that the very act of forcible entry entails a threat to the life and limb of the homeowner'"].)

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