Porch Is Not Part of the Residence for the Presumption of Fear from Entry
September 27th, 2021
California’s “stand your ground” law is PC 198.5 which provides that a person using force likely to cause death or great bodily injury (GBI) within his or her residence is presumed to have held a reasonable fear of imminent death or GBI to themselves or a member of their household when that force is used against another who unlawfully and forcibly enters the residence.
People v. Wilson (2021) ____Cal. App. 5th ____ [C083772; 8/11/21; C/A 3rd] considered whether PC 198.5 applies to a killing which occurred on a porch outside the actual residence. The Court concluded that the “stand your ground” law does not aplply to porches outside the residence: “a resident’s use of force must be within the residence, and thus an unlawful and forcible entry into a residence is a predicate to application of the presumption. [Citaitions.]” (Id. at ___.) “ ‘A reasonable person would not expect protection from unauthorized intrusion onto this kind of porch. Quite the contrary. Social convention dictates that anyone wishing to summon the occupant’s presence or gain entry into the home must first enter the porch.’ [Citation].” (Ibid.)
Tags: CC 3470, CC 3477, Self Defense