A 50-year-old man told authorities he was fed up with teens toilet-papering his house during homecoming week. This year, he decided to defend his property — with a squirt gun filled with fox urine.
Now, Scott Wagar is in trouble with the law. He pleaded not guilty on Wednesday in Kandiyohi County District Court to misdemeanor assault and other charges. He was released on personal recognizance.
What I don’t get is why he’s being charged. I don’t know about Minnesota, but in Pennsylvania you can use force to defend property. Not deadly force, but force:
§ 507. Use of force for the protection of property
(a) Use of force justifiable for protection of property.–The use of force upon or toward the person of another is justifiable when the actor believes that such force is immediately necessary:
(1) to prevent or terminate an unlawful entry or other trespass upon land or a trespass against […]
[…] (1) The use of force is justifiable under this section only if the actor first requests the person against whom such force is used to desist from his interference with the property, unless the actor believes that:
(i) such request would be useless;
(ii) it would be dangerous to himself or another person to make the request; or
(iii) substantial harm will be done to the physical condition of the property which is sought to be protected before the request can effectively be made.
I can’t imagine Minnesota can be all that different. But it seems to me if kids are TPing your property, you’re justified in squirting piss on them if they won’t leave you alone.
UPDATE: Yep, Minnesota law is similar:
Sec. 609.06. Authorized use of force. Reasonable force may be used upon or toward the person of another without his con-sent when the following circumstances exist or the actor reasonably believes them to exist:
(4) When used by any person in lawful possession of real or pet-sonal property, or by another assisting him, in resisting a trespass upon or other unlawful interference with such property; or
I guess the charges will hinge on fox urine not being “reasonable” use of force. Good luck finding a jury who’s going to convict on that. I sure as hell wouldn’t.