People keep asking this… what exactly is a boobytrap?

Seeking Advice
1

Here’s an example from California’s penal code:

‘Boobytrap’ means any hidden or camouflaged device made to hurt someone badly when activated by an unsuspecting person. These can include things like guns, ammo, or explosives linked to trip wires or other triggers, sharp objects like stakes, and even lines or wires with hooks attached.

To be considered a boobytrap in California, a device has to meet all three of these conditions:

  • It has to be hidden or disguised.
  • It has to be triggered by an unsuspecting person.
  • It’s designed to cause serious harm.

Lately, I’ve seen electric fences guarding campaign signs and remote-controlled rubber bullet guns being called boobytraps, among other things. But these clearly don’t meet the criteria. It’s easy to verify this, at least in any US state. Some states might have looser definitions, but California has strict laws against deadly weapons, and with such a large population, it’s a good place to check.

That said, just because it doesn’t meet the definition of a boobytrap doesn’t mean you can’t be sued or held liable for it. But if it doesn’t check all three boxes, it’s not a boobytrap.

[For context, there’s an old case (Katko vs Briney 1971) where a burglar got hurt by a boobytrap. The homeowner was found liable, but only because they weren’t home at the time. This is the case that set the standard for most boobytrap laws. The link goes to LegalEagle explaining it.]

^(I linked to an older law, but the most recent definition is the )[1](California Penal Code § 16310 (2023) :: 2023 California Code :: US Codes and Statutes :: US Law :: Justia), ^(though it’s harder to read. If any lawyers are here, feel free to correct me.)

  1. same ↩︎

2

You might want to add another term for these “traps”: ‘Less Lethal’. Law enforcement now calls their weapons ‘Less Lethal’ because they can still kill someone, depending on their health or the situation. Examples include:

  • Tasers can be deadly for people with heart problems.
  • OC spray (pepper spray) can kill people with asthma or allergies.
  • Rubber bullets or bean bag rounds can cause serious injuries, like eye damage, broken bones, internal organ damage, and even punctured lungs or hearts.

Then there’s the problem that anyone could accidentally misuse one of these ‘Less Lethal’ devices or intentionally load dangerous ammo into them.

No matter what laws say, you can still be convicted if you set up these devices without proper supervision, and if they harm someone, even a criminal. In many states, juries don’t believe criminals should die for stealing a car stereo. Also, many states don’t have capital punishment for murder anymore. Setting up a ‘trap’ that hurts someone is just beyond what society accepts.

#This is why we don’t allow links or suggestions for using these devices.
It’s not just about what the law says, it’s about what the law intends. We don’t want to encourage people to get into legal trouble, just to protect themselves.

3

Also, remember the first rule of pranks: they always go wrong.

Even a harmless prank can hurt someone it wasn’t meant to hurt.

Whether or not something was designed to hurt someone badly is often decided later, based on the injury. Intent doesn’t matter as much.

Do you really want to hurt a kid by accident or cause someone to have a heart attack just because they walked into the wrong house?

4

@Jesse
You’re right. There could be an argument that even a prank could end up being deadly.

This seems to fall under liability. But I’m not completely sure.

5

In many states, using a firearm is considered deadly force (deadly force is any force that could likely cause serious injury).

It doesn’t matter if it’s loaded with rubber bullets, rock salt, or even blanks.

A non-firearm, like an air-powered paintball gun, is probably not deadly force, though it can still hurt someone badly.

Non-deadly force can be used to protect property, so a remote-controlled paintball gun might be legal, but it’s in a gray area:

You probably won’t be prosecuted for using it, but you could still get sued.

If you set up something like that, and it shoots someone who isn’t a burglar (like a fireman or the neighbor’s kid), you could be in serious trouble.

If it shoots a burglar, you’re in the gray area again.

How likely are you to get in trouble? Maybe 10%, 20%, I don’t know, but the risk of injuring someone is real.

Now, imagine using a remote-operated OC spray.

If it hurts an innocent person, you’ll be in trouble. If it hits a burglar, it’s hard to see any legal issues.

But maybe the angry burglar burns down your house in retaliation?

6

@Taylor
It’s not triggered by the intruder, so it’s definitely not a boobytrap. That’s not even up for debate.

Edit: there might be other reasons it’s illegal, but it doesn’t fit the clear definition of a boobytrap.

7

@Pace
‘Boobytrap’ isn’t even mentioned in most state laws.

Court cases that penalize people for using boobytraps are based on simple rules about the use of force and responsibility for creating dangers.

In the majority of these cases, the person who set up the trap, and hurt someone (even criminals), was still found guilty of a felony and sentenced to prison.

Looking up state or federal laws isn’t enough to determine if a trap is legal. Court decisions, known as ‘Case Law,’ are what judges use to make rulings. This forum doesn’t allow links or recommendations for using these devices because we don’t want to encourage anyone to get into trouble. We just want to help people stay safe.

8

@Taylor

‘Boobytrap’ isn’t mentioned in most state laws.

I randomly checked 3 states and found it defined in Colorado and Florida, but couldn’t find anything in New Hampshire. I think you might be stretching when you say ‘most states,’ unless you’ve actually looked. But I get your point.

A lot of people suggest ‘Get a gun,’ which is always a potential risk for serious injury or death. But everyone got upset over something that wasn’t even illegal, and wasn’t being used in the US. It also wasn’t hidden, and the operator could talk through it.

It’s definitely not a boobytrap, though. But the operator wasn’t in any danger either.

The only thing that made it look sketchy was that it was operated remotely.

9

@Pace
7 states mention booby traps directly in their laws, though not all have blanket bans on them.

I was trying to point out the legal difference between remote and automatic activation and what level of force can be used to protect property.

When you’re physically there protecting property, you can use non-deadly force because your presence and the danger you face gives you a justification. So, using a paintball gun to scare trespassers probably won’t get much attention. But using it remotely? That’s trickier.

Force that could cause serious harm can’t legally be used to protect property (except in rare cases, like at night in Texas).

A prosecutor could argue that using a paintball gun remotely is too likely to hurt someone badly. Even if a paintball gun is harmless in certain contexts, using it against trespassers could land you in legal trouble.

10

@Taylor
You’re right about the situation’s context. As I said earlier, the legality of these ‘traps’ has already been decided in court in most places. Court decisions, not written laws, guide judges and juries in these cases.

In most of these cases, the property owner who set up the ‘trap’ was found guilty of a felony, even if the person harmed was a criminal.

Looking at written laws isn’t enough; the courts have already set a precedent. We don’t allow links or suggestions for these traps because we don’t want to get anyone into legal trouble. We want to help people avoid it.

#This forum is more about helping you understand how courts interpret these situations and why setting up dangerous ‘traps’ can land you in big trouble.

11

Let’s be real for a second. The idea of people setting traps to protect property? It might sound cool, but it’s a nightmare. We all watch movies with people fighting back in clever ways, but reality doesn’t work like that.

If you hurt someone, even a thief, it can be life-changing for them. And for you, it could be a mess of lawsuits, insurance problems, or worse.

The law has moved away from vigilante justice. Even if you technically ‘get away with it,’ you could still have to deal with massive legal consequences.

It’s not worth it. It’s better to deal with crime safely and legally than risk going down a dangerous path.