Originally Posted by
O2HeN2
So I remember something about arson and deadly force in the CRS, and went digging for it:
18-1-705. Use of physical force in defense of premises.
...However, he may use deadly force only in defense of himself or another as described in section 18-1-704, or when he reasonably believes it necessary to prevent what he reasonably believes to be an attempt by the trespasser to commit first degree arson.
So what's interesting is that as I read it, trying to burn people alive is NOT arson by Colorado law, since arson is only defined as burning a structure:
18-4-102. First degree arson.
(1) A person who knowingly sets fire to, burns, causes to be burned, or by the use of any explosive damages or destroys, or causes to be damaged or destroyed, any building or occupied structure of another without his consent commits first degree arson.
(2) First degree arson is a class 3 felony if the arson is of an occupied structure, and it is a class 4 felony if the arson is of a building.
(3) A defendant convicted of committing first degree arson by the use of any explosive shall be sentenced by the court in accordance with the provisions of section 18-1.3-406.
Which means that if you shot someone holding Molotov that was threatening people with it, you'd have to rely on a standard self-defense argument to justify your actions, whereas if you shot someone threatening a building, you have a specific carve-out for your actions.
Something doesn't seem quite right about that...
O2