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Few_Butterscotch954 t1_j4s3wtr wrote

Reply to comment by vey323 in Roseland, N.J. mayor: Resident fired shot at would-be car thief inside his home by dhskiskdferh

just a second, i found this https://law.justia.com/codes/new-jersey/2016/title-2c/section-2c-3-4/

b)The actor demanded that the intruder disarm, surrender or withdraw, and the intruder refused to do so.

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vey323 t1_j4s611c wrote

That section denotes what is required for "reasonable belief" for use of deadly force, not that you are required to give a warning.

>(2)A reasonable belief exists when the actor, to protect himself or a third person, was in his own dwelling at the time of the offense or was privileged to be thereon and the encounter between the actor and intruder was sudden and unexpected, compelling the actor to act instantly and:
>
>(a)The actor reasonably believed that the intruder would inflict personal injury upon the actor or others in the dwelling; OR
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>b)The actor demanded that the intruder disarm, surrender or withdraw, and the intruder refused to do so.

The emphasis on OR is mine, because you don't need both conditions to be fulfilled to have a reasonable belief - it's one or the other. If someone breaks into your home, and you tell them to leave, and they refuse, then that provides the reasonable belief that they intend to cause serious injury or death to you or others.

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