How do I protect my chickens from human predators?

[Ellie_NY_chick]

When I hear about parents like that, I just shake my head in disgust.

A 20 year old freak job hanging out with 10 year olds? What do they think is going on here? They're playing tiddly-winks?

Did you call the police?

 

[ssteiner]

Well let me say for the record that I am not giving legal advice, nor am I permitted to. But as for force, deadly force (in California) is only permitted where the user of the deadly force has reasonable fear the force is necessary to prevent death or great bodily harm. This notion that people have that you can go out guns blazing because someone's in your backyard is, in my experience, quite common, and equally incorrect. The force you may use to protect property is described from various cases thusly:

1) In law a person is only entitled to use that amount of force necessary for the protection of his or her property.

2) The owner of property is justified in using force or a deadly weapon to eject a trespasser only when it is manifest to one, as a reasonable person, that injury to the property is contemplated, and that the owner is then entitled to use only such force as is reasonably necessary to justify the attack or to protect the property.

3) The person who is acting in defense of his habitation must first use moderate means before resorting to extreme measures. But he may resist force with force, increasing it in the ratio of the intruder's resistance, without measuring it in golden scales; and whether he has used excessive force or not is a question for the jury. The question of the amount of force justified in repelling an assault or maintaining the possession of property is one peculiarly within the province of the jury.


As for it being a "burglary" the question would be whether the coop qualifies as a structure. I found the following cases:

1) Williams v. State 105 Ga. 814 (from Georgia):
A structure which is stationary, which is eight feet tall, covered with shingles, and inclosed with wire, erected for the purpose of the safekeeping of birds and fowls, is a house within the meaning of our code, which defines the offense of larceny from the house; and there was no error in refusing to direct a verdict of not guilty, on a trial for larceny from the house, because the evidence did not establish that the structure so erected was a house.

and ...

People v. Coffee, 52 Cal.App. 118, from Stanislaus county, in northern California.

OVERVIEW: Pursuant to Cal. Penal Code § 459, defendant was charged with burglary for breaking and entering a chicken house with a felonious intent of committing the crime of larceny. Defendant was eventually convicted of burglary. Defendant filed an appeal that challenged his burglary conviction. He claimed that the information did not charge the offense of burglary because the house that he entered was for the use of chickens instead of human beings. The court agreed that at common law only the habitation of human beings could be the subject of a burglarious breaking and entry. However, the purpose of § 459 was to radically change the common law as to the crime of burglary. Section 459 made those who feloniously entered a building, other than a mansion or dwelling house, guilty of the crime of burglary. The court concluded that the information properly charged defendant with the crime of burglary. Finally, the evidence was sufficient that defendant committed the crime of burglary when he entered the chicken house with a felonious intent. The court affirmed the trial court's judgment.


Just one humble prosecutor's assessment of the law,

-Scott

 

[rooster-red]

Quote:

 

[bart40330]

So would you consider it burglary under this Kentucky statute, Scott?

511.040 Burglary in the third degree.
(1) A person is guilty of burglary in the third degree when, with the intent to commit a crime, he knowingly enters or remains unlawfully in a building.
(2) Burglary in the third degree is a Class D felony.
Effective: July 15, 1980

I would think that a chicken coop would qualify as a building, particular one that stores property. If a storage shed would qualify, which I think it would, then so should a chicken coop.

 

[Cheryl]

So Olga, what did the police say and was there a positive result from your complaint?

 

[cmom]

I have a security camera system with 4 cameras that record on a DVR. Also I have a yard light that goes on at dusk and off at dawn. I also put up and electric fence. If you put up a NO TRESPASSING sign you will probably be covered legally.

 

[seminolewind]

I think everyone should better secure their chickens. In Fla, we now have 12 % unemployment. Chickens look really good to people who are out of a job and need food.

 

[ssteiner]

Quote:
I don't claim to be an expert on other state laws, and it all depends on case law interpreting state statutes. On the surface, that statute looks as if it would include a chicken coop, but it all depends...

-Scott

 

[cmom]

Our Property was randomly selected for a visit by the property appraisers office. When he came onto our property he asked my husband why these two buildings weren't on our property record. My husband told him it was because they were chicken coops and we move them around, which we do. You would think he would have figured out they were chicken coops as the chickens were very visible in the runs attached to the coops.

 

[lobb40118]

I would not hurt any of the kids.....
if their parrents do nothing then call the police. if the police does nothing sue your township.
the 20 year old though is another story......
report him to police and if they do nothing...............
buy a compond bow, they are quiet. buy a few practice arrows and get good with it.......
Then you need to put brood heads on similar arrows........
if he gets in the yard or you catch him red handed.....check for witnesses......if none let the broodhead fly.....various "composting" materials could be used but you get the drift........
.....this is for enjoyment only please do not try.....lol