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Are You Required By Law To React??

2K views 32 replies 24 participants last post by  OldVet 
#1 ·
Okay, here's what I found in some of my research. In the state of Montana (where I live) there are statutes that outline the legal use of force in defense of a person (MCA 45-3-102). An acquaintance of mine told me that the sate of Georgia where he lives has something similar as well, and told me that Georgia has a statute that says in the event someone's life is being threatened that you are required to react or face charges against you for not doing so. Keep in mind I'm paraphrasing here.
Does your state require you to react? Are you protected by law if you do? What are the legal force parameters if you do? I'm curious as to how this works in other jurisdictions.
 
#3 ·
I know of no laws in Virginia that says you must act, and if you help someone in something like a vehicle accident and inadvertently do harm to the person you're helping, you're covered under the Good Samaritan Act.
 
#22 · (Edited)
There are no laws in Utah requiring you to be a "good Samaritan", however, the use of force laws make it legal to do so if one chooses.



^^^^^^^^^^YEP^^^^^^^^^^




Essentially very similar to what we have in Mi.
 
#5 ·
I understand the Good Samaritan Law as I'm a former EMT, but unfortunately that doesn't pertain to protecting someone's life if you see them in danger.

40-6-393

(a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other´s imminent use of unlawful force; however, except as provided in Code Section 16-3-23, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.

(b) A person is not justified in using force under the circumstances specified in subsection (a) of this Code section if he:

(1) Initially provokes the use of force against himself with the intent to use such force as an excuse to inflict bodily harm upon the assailant;

(2) Is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony; or

(3) Was the aggressor or was engaged in a combat by agreement unless he withdraws from the encounter and effectively communicates to such other person his intent to do so and the other, notwithstanding, continues or threatens to continue the use of unlawful force.

(c) Any rule, regulation, or policy of any agency of the state or any ordinance, resolution, rule, regulation, or policy of any county, municipality, or other political subdivision of the state which is in conflict with this Code section shall be null, void, and of no force and effect.

(d) In a prosecution for murder or manslaughter, if a defendant raises as a defense a justification provided by subsection (a) of this Code section, the defendant, in order to establish the defendant´s reasonable belief that the use of force or deadly force was immediately necessary, may be permitted to offer:

(1) Relevant evidence that the defendant had been the victim of acts of family violence or child abuse committed by the deceased, as such acts are described in Code Sections 19-13-1 and 19-15-1, respectively; and

(2) Relevant expert testimony regarding the condition of the mind of the defendant at the time of the offense, including those relevant facts and circumstances relating to the family violence or child abuse that are the bases of the expert´s opinion.

Here's what the friend from Georgia quoted. He couldn't find the part as of yet that stated the necessity to react or be charged for not doing so but this is a start. I believe (keyword: Believe) most states have something in place that will protect people if they react but I'm not positive. What can you find in your home state?
 
#8 ·
The new HSA mantra "If you see something say something." Is not a law... I've never seen any law anywhere that requires action. I have only seen laws Like "good samaritan laws" that say you can't be held liable if you are trained and trying to help.

If the laws of this country, as interpreted by the Supreme Court, do not require law enforcement to come to your aid, even if they see a crime in progress against you, I do not see how any state law requiring you to do so, would hold water.

Please.. this is not to disparage and current or past LEOs... it is simply a fact in the law. Most everyone I know would try to help in any situation... But action other than calling 911 on behalf of any percieved victim, other than yourself or a loved one (when you were there at the onset), is a somewhat risky proposition.
 
#10 ·
I would surely like to see that GA statute in its entirety. I can understand a law "allowing" you to respond, but not "requiring." No gov't at any level can force you into harm's way. Like Guantes says, a simple cry of "Help!" would legally constitute "assistance."

No doubt this is someone's mis-interpretation of some statute.
 
#11 ·
The police aren't even required to act... what would make anyone think it makes sense to require a reaction from a regular citizen?
 
#32 ·
I think there was a Seinfeld episode near the end of the series that used this plot device i.e. failure to assist. It was comedy not reality.

Even as a physician, you are not compelled to get involved in resuscitating a person. Good Samaritan legislation only protects you from ordinary negligence. If the plaintif chooses to say you committed gross negligence, you are on the hook. And, people are held to different standards e.g. EMT's and physicians assisting at an accident are held to a higher standard of care than laymen. You really have to have your malpractice insurance paid up before you go out of your way to assist outside one's normal practice.
 
#13 ·
I would agree that for John Q. Public no such law exisit. However there may be something that requires Public Safety Officers/ First Responders to act.
I do know a guy that deals with juvinles that are housed in a care facility do to domestic issues. He told me that he is required to report anything concerning child safety, even when not at work. That is reporting only, but there may be something that requires police or paramedics to act.
 
#14 ·
I remember hearing something about this law, as I remember, four friends ended up in jail for not intervening in a carjacking. Here is the story.

However, in real life, and like Oakchas said, SCOTUS has ruled that LEOs have no duty to protect, so I would doubt there is a law that could require a private citizen to.
 
#17 ·
I have help carry permits in 3 different states (Oklahoma, Virginia and Pennsylvania). I've seen nothing in any of the 3 states laws that require you to come to someones aid. Even if the law exists, it would be almost impossible to enforce.
 
#18 ·
How can you react if you don't know all the circumstances of the situation? Just because something looks like an innocent person being put in danger, doesn't mean it is.

I say be a good witness. Even if such law exists, i'd rather pay a fine or a short jail stay than potentially commit murder for no reason.
 
#19 ·
That's an interesting question. Many states have laws "Duty to rescue" laws (CA, FL, MA, HI, MN, OH, RI, VT, WA), but that doesn't mean you have to risk your life. I doubt it's so much about what you do, but more about what you do NOT do. If you walk by someone who are obviously injured, even if you were not obligated by law, we all have a moral obligation to help. That doesn't mean you should risk your life, or someone else's life, but it could be as simple as calling 911. Don't just walk away like you didn't see it.
I am glad you asked, and the RI answer to your question is YES according to RIFL 11-56-1
http://www.rilin.state.ri.us/Statutes/TITLE11/11-56/11-56-1.HTM

§ 11-56-1 Duty to assist. – Any person at the scene of an emergency who knows that another person is exposed to, or has suffered, grave physical harm shall, to the extent that he or she can do so without danger or peril to himself or herself or to others, give reasonable assistance to the exposed person. Any person violating the provisions of this section shall be guilty of a petty misdemeanor and shall be subject to imprisonment for a term not exceeding six (6) months, or by a fine of not more than five hundred dollars ($500), or both.
I doubt anyone has been convicted of violating the statute though...
 
#21 ·
Isn't there also something about that if you do help, you have to continue to help until someone more qualified/appropriate gets there. or is that just for EMT's?


I saw a terrorist getting beat up the other day, I alerted the police but nobody showed up......I'm starting to think I wasted a stamp :danceban:
 
#23 ·
There is also a federal statute, 18 USC section 4, called Misprision of Felony.

  • Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both

But is also basically a reporting statute.

+++

Another interesting federal statute is 28 USC 566 (c):

  • Except as otherwise provided by law or Rule of Procedure, the United States Marshals Service shall execute all lawful writs, process, and orders issued under the authority of the United States, and shall command all necessary assistance to execute its duties
 
#24 ·
there is no duty under common law to assist another person. that is my understanding. this is not true under many civil law systems such as in Germany- there you have an obligation to render assistance if you can do so without risk. but people are very rarely prosecuted for obvious reasons.
on the other hand, I think God expects you to try to help your neighbor. I will go further- He expects us to take serious risks if necessary, especially to protect the weak or vulnerable.
I also suspect most folks on this board share these views. "No greater love..."
God Bless
 
#33 ·
Put me in, Coach--I'm ready to play!
 
#26 ·
In Oklahoma at least, if I intervene on behalf of a third party I am taking over that persons rights and acquiring her/his obligations, in other words if that person is on the wrong side of the law I would be responsible for the same crime. So Unless I know what I'm doing I'll stay on the sideline.

Someone told me a story about a lady who trying to prevent a crime at a gas station, confronted a group of shady looking individuals who at the time were in the process of assaulting a group of nicely dressed gentlemen, who went inside the Seven eleven to purchase drinks.

In the end, the shady looking guys happened to be the FBI and the guys in suits were drug dealers, so the lady was charged with obstruction of justice. My lawyer told me the story, so I cannot testify to its accuracy, but it gets my point across.

Months after he told me the story, it happened to me, as I witnessed from my second floor back window how a couple of shady guys were stalking someone outside a rehab home, guns drawn and everything, I called 911 and reported the incident, I was with the 911 operator for at least half an hour, describing the comings and goings of this individuals and describing the situation and how one of the guys would put his pistol in his pocket, and go inside, he then would come out again [he'd]pull his pistol and stalk, they didn't have badges or such visible. The police showed up about an hour after this guys were gone.

They were bad guys after all, so it happened that they came on the wrong day, it was an inside job and they where waiting for the manager as he would cash everyone's check to pay them every two weeks. The stunt didn't work as they were intimidated by the Loony population inside which was not impressed with their guns so they decided to take off in their vehicle, which they crashed while they were being chased by the rehab's manager and his gardener.
The runaway vehicle belonged to a used car lot in which one of the promising felons worked at. So, his boss made him go back to the place of the accident and call the police to make a report for insurance purposes, and that is how they were caught ion the end.

In fact, the attending officer to the unsuccessful robbery got the call to attend to that report and that is how they got made.

Life is stranger than fiction I say, so be aware.
 
#28 ·
In Texas the only duty you have is to report the crime if it is a felony. There is no duty to help the person, although the law certainly gives one the opportunity to come to the assistance of a person whom is having a crime committed against them.

Like others have said, there probably aren't any laws on other state books that require intervention of the person, but allow for intervention in some states.
 
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