The Law’s Perspective When A Thief Tries To Steal Jet Skis And Falls Into A Trap

A TikTok video featuring a thwarted theft attempt has recently gained viral attention, sparking a lively legal discussion on social media platforms. The main attraction of the video is a booby trap laid by a vigilant homeowner, which successfully halts an intruder’s attempt to make off with a jet ski. His movements, coupled with his attire, seem to suggest malicious intent. The thief is clearly trying to steal the jet skis. However, as he nears his target, he stumbles into a concealed pit—a trap meticulously designed by the homeowner.

Legal Analysis by Attorney Ugo Lord

In his reaction to the video, Attorney Ugo Lord breaks down the incident from a legal standpoint. He acknowledges that the man’s furtive actions and guarded attire significantly indicate his intent to steal. 

“Now, it’s clear that this guy had a hoodie; he was creeping around the jet ski.”

However, the subsequent injury the would-be thief incurs introduces a rather complex twist.

Lord points out that the pit appears to have been intentionally dug by the homeowner and then camouflaged with hay, thereby characterizing it as a booby trap. Although this may initially be perceived as an ingenious defense strategy, it enters a legally gray area. 

Lord notes that the Supreme Court has ruled that setting traps to protect property is not legal.

“It would make this homeowner liable for all the damages that happen next,” Attorney Lord concluded.

The Law versus Booby Traps

This interpretation is supported by existing legal research on homeowners’ rights and responsibilities. Homeowners are prohibited from intentionally injuring trespassers using premeditated traps or pitfalls. This obligation is activated once a homeowner is aware or can reasonably anticipate the presence of a trespasser.

Devices designed to trap, harm, or potentially kill trespassers, such as booby traps, trip wires, bear traps, and others, are, at best, legal liability and, at worst, grounds for criminal charges. Many states have explicit laws outlawing these countermeasures. And, even if there’s no explicit criminal law banning them, they present a significant risk of injuring or killing unexpected guests on the property.

One of the key examples of such legal restrictions is the California Penal Code section 12355. This law deems the assembly, maintenance, or placement of a booby trap as a felony, punishable by imprisonment. The law defines a booby trap as any concealed device designed to cause significant bodily injury when triggered by an unsuspecting person.

Applying the Law to the Viral Video

When we apply this legal framework to the viral video, there are facts relevant to this rule in the video. They are as follows: A hooded person, presumably wishing to steal something, walks up to a jet ski. But he falls into a hidden ditch, seemingly a trap that the owner of the home staged. The motif behind the pit, its hidden quality, and the harm caused to the trespasser are consistent with legal specifications and restrictions about booby traps.

The pit, which was seemingly dug on purpose and camouflaged with hay, may be described as a booby trap to inflict injuries on unsuspecting persons. This is consistent with the definition of a booby trap according to the California Penal Code section 12355.

Based on the facts of this situation, if the rule is applied to the case, then the homeowner could be held responsible for any injuries incurred by a trespasser from tripping over a booby trap. Although the homeowner can secure their property from strangers, some laws prohibit setting up harmful traps that may cause injuries. Thus, although the trespasser intended to harm, the homeowner’s response could be viewed as unlawful.

Wrap-Up

This is an interesting case study on the legal complications associated with property protection. The rights granted to homeowners include the right to protect and safeguard their property. But at the same time, they are also responsible for not denying such legal boundaries.

Efforts to deter theft should be achieved with great regard to legal rules.