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Sharkey said:
Opening this thread to see y’all try to give the legal definition of intruder made me laugh. Probably the same way y’all act when I post up something trying to explain jeeps.

For the record, I don’t agree with any of your definitions.
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Ok I’ll bite. What’s the “legal” definition of an intruder? since what was posted was from a dictionary I would presume a law books definition would be different.
 
It has to do with entrance onto property without a possessory right or color of title. Being an intruder doesn’t require intent (much like the tort of trespass doesn’t require intent other than simply the intent to enter the property). It just requires you to be somewhere you don’t have the right to be. Some states may have specific statutory definitions, but what I stated above is consistent with common law (old case law) and consistent with what you would find in Black’s Law Dictionary (much better source than Webster’s or any “normal” dictionary.)

So, someone drunk or with dementia going into someone else’s house is absolutely an intruder (and a trespasser). That said, most castle doctrine states ALSO require an intruder to be there for a felonious purpose or to be threatening life/safety before you can use deadly force.
 
Sharkey said:
It has to do with entrance onto property without a possessory right or color of title. Being an intruder doesn’t require intent (much like the tort of trespass doesn’t require intent other than simply the intent to enter the property). It just requires you to be somewhere you don’t have the right to be. Some states may have specific statutory definitions, but what I stated above is consistent with common law (old case law) and consistent with what you would find in Black’s Law Dictionary (much better source than Webster’s or any “normal” dictionary.)

So, someone drunk or with dementia going into someone else’s house is absolutely an intruder (and a trespasser). That said, most castle doctrine states ALSO require an intruder to be there for a felonious purpose or to be threatening life/safety before you can use deadly force.
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Makes sense thanks. Though typical legal speak using way more words than necessary . Your summation is perfect. Fun fact Md is a duty to retreat state. Though I’m not real clear what that means. The way it was explained to me is a homeowner must continue to retreat until there is no other option than to use deadly force. Another of the many reasons we decided to move out of Md.
 
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