Understanding the Criminal Justice System
It may come as no surprise that Indiana law prohibits the use of booby traps. What may not be clear is precisely what the law means when it uses that term.
“Booby trap” is defined by statute as “a device meant to cause death or bodily injury,” either by hiding it or by activating it by “trip wires, switches, antidisturbance, or other remote means.” Anyone who “knowingly or intentionally deploys a booby trap” can be convicted of a Level 6 felony. A Level 6 felony conviction can result in a sentence of anywhere from 6 months to 2 1/2 years in prison and a fine of up to $10,000.
Because the crime of Deploying a Booby Trap is an intentional one, prosecutors must prove two things: one, that the device was “meant to cause death or bodily injury,” and two, that it was “knowingly or intentionally deployed.” Not all devices designed to impact an unsuspecting victim physically are booby traps.
For example, the classic slapstick comedy gag of strategically balancing a bucket of paint on top of a partially-open doorway so that when the victim opens the door, they are doused with the bucket’s contents is an example of a type of device that was probably not “meant to cause death or bodily injury.” If it does happen to injure the victim, however, the defendant could face charges of Deploying a Booby Trap. Prosecutors would have to prove that the defendant meant to injure the victim – which could be difficult depending on the situation.
A more common booby trap is a gun, typically a shotgun, rigged so that it triggers when an intruder opens a door or window or steps on a perimeter trip-wire. Here, too, prosecutors must prove that the defendant meant to kill or injure the victim, and while not every shotgun blast is fatal, shotgun pellets can definitely cause serious injuries.
Booby traps don’t have to go off for you to be charged with deploying one. They also don’t have to injure anyone. Simply setting up a booby trap that could injure or kill someone can be enough to land you in hot water with police and prosecutors. If that happens, you need an experienced criminal defense attorney who can help protect your rights and defend you against the criminal charges you face.
At Razumich & Associates, we have a deep understanding of Indiana’s criminal laws and procedures. We know how the courts and prosecutors operate and have years of experience protecting our clients’ rights and defending them against criminal charges in courts all across the state. Call us today at 317-983-5333 or use our contact form to reach out to us, and we will get back to you to discuss your case and let you know how we can help.
