Q: Have seen a bunch of videos where “porch pirates” pick up a box and on their way out, it explodes. They get a dye on them — it looks like — and smoke, and sometimes it gets on their cars. Are those exploding packages legal?
D.H., Hacienda Heights
A: I have seen some of those videos as well. My reaction is that if someone is stealing from your porch, they should not be able to complain if if turns out to be a booby trap. I also read, if the report is accurate, that a neighborhood took to those “exploding boxes” because nothing was working.
However, after doing research on California law, it is ill-advised to do that, and very well may be treated as a crime; it could also at least arguably impact an innocent person, and if not a crime, might subject you to a civil claim.
A booby trap is defined by California law as “any concealed or camouflaged device designed to cause great bodily injury when triggered by an action of an unsuspecting person coming across the device. Bobby traps may include, but are not limited to, guns, ammunition or explosive devices” (Penal Code Section 16310).
California Penal Code Sections 12355 and 20110 make it illegal to place, maintain or possess a booby trap. In fact, it may constitute a felony.
We can engage in hypotheticals here. For example: “If someone steals a package from my porch and winds up with red dye on them, you tell me they’re going to sue me and win? Or that the D.A. would prosecute me?”
I cannot definitively answer either of those questions, and the word “depends” comes to mind. For example, you may argue it was simply a form of self-defense, and the harm is minimal, not “great bodily injury.” You may argue that’s the consequence of trespassing.
Bottom line, given the penal codes recited above, I would not set a booby trap for a porch pirate. A video camera is advisable, and other sensible, legal precautions that you can take to protect the security of your property. Whether it is just paint or dye, if treated as a booby trap, the exploding box could backfire on you.
Q: If someone trespasses on my land, what am I entitled to do if I catch him?
G.N., Bel Air
A: You can verbally order a trespasser to leave, per California Penal Code Section 602. In addition, you can use a reasonable amount of force necessary to prevent threat to your safety. Note, the law validates self-defense to prevent imminent harm, but not to punish the trespasser; and, it is focused on protection of persons as opposed to protection of property.
A citizens’ arrest is permitted if a public offense is committed in your presence (California Penal Code Section 837), but there is criteria to be met: (a) Detain the individual without unnecessary force, and (b) immediately call law enforcement to take over.
In a civil case, you can sue a trespasser for damages even if nominal, for actual damages if harm arose (Such as they broke something), punitive damages if the trespass was particularly egregious, and an injunction to stop/abate the trespass.
Ron Sokol has been a practicing attorney for more than 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.