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To: redfish who wrote (2620)8/30/2005 7:33:32 PM
From: exdaytrader76  Read Replies (1) | Respond to of 26019
 
Here is an example of a necessity law from Tennessee:
tsc.state.tn.us

The defense of necessity is set forth at Tennessee Code Annotated § 39-11-609. That section provides as follows:
Except as provided in §§ 39-11-611 -- 39-11-621, conduct is
justified if:
(1) The person reasonably believes the conduct is
immediately necessary to avoid imminent harm; and
(2) The desirability and urgency of avoiding the harm clearly
outweigh, according to ordinary standards of reasonableness, the
harm sought to be prevented by the law proscribing the conduct.

imo, provided LA's law is similar to TN's, a dehydrated looter has every right to steal water and food, as well as anything else necessary to survive. And violence is never legally justified as a defense of property under any circumstances.

This is part of the reason for martial law - when the law and the Constitution become too pesky to follow, we just suspend them and let the military bully people with their big guns.