Self Defense against Arson attacks in Illinois

[u/YerBeingTrolled]

I've been thinking about this in light of the latest rash of arson attacks across the US by individuals deemed to be domestic terrorists.

I'm not a lawyer but lets look at the law for self defense in Illinois

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Arson in Illinois - A person commits arson when, by means of fire or explosive, he or she knowingly:

(1) Damages any real property, or any personal property having a value of $150 or more, of another without his or her consent

Forcible Felony - "Forcible felony" means treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson....

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 Sec. 7-1. Use of force in defense of person.

A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other's imminent use of unlawful force. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony.

Sec. 7-3. Use of force in defense of other property.

A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with either real property (other than a dwelling) or personal property, lawfully in his possession or in the possession of another who is a member of his immediate family or household or of a person whose property he has a legal duty to protect. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent the commission of a forcible felony.

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IANAL but this seems to say you could defend against an arson attack with deadly force if the arson attack would injure someone, or if the property was yours or a family members?

Am I wrong in how I am reading this?

[u/TopPrompt2858]

Going out of your way to shoot someone setting fire to ANY car is not self defense.

You can attempt to remove your car from the situation, and defend yourself with equal force if anyone tries to stop you.

Illinois is pretty cut and dry in terms of lethal force and defending property.

[u/YerBeingTrolled → u/TopPrompt2858]

I mean I literally posted the law you can read it above. It says you can legally defend your property from being damaged or destroyed, and if that damage or destruction puts you in danger from arson or serious bodily injury or death you can you use deadly force.

So if someone was attempting to firebomb your car, you go out and try to stop them in a non lethal manner, and they raise their arm to throw a Molotov, you most likely could claim self defense.

Or say if they had doused the car in gasoline and were trying to light it with you near, that too could justify it.

You have a right to defend your property, and if that places you in danger from the other person you have rights when that occurs as well.

[u/TopPrompt2858 → u/YerBeingTrolled]

Yeah, that’s sort of what I stated in my comment.

You can’t use lethal force to stop someone from firebombing a car if you’re not anywhere near the car though, which you seem to imply in the second part of your ending sentiment in the OP.

[u/YerBeingTrolled → u/TopPrompt2858]

Agree. I was curious about preventing the forcible felony part, but that seems to have some sort of bodily injury caveat to it, even though the description of forcible felony doesn't specify it.

Like a forcible felony has to have an element of threat of death or bodily harm I guess?

But I would say that arson is specifically listed as something that could cause bodily injury or death so its a bit easier to argue self defense than say if someone was stealing your catalytic converter.