Thread: Catsle law???
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Old 01-09-2010, 09:07 PM   #17
WrenchMonkey
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Quote:
Originally Posted by Nuts View Post
I've read through all those and I'm wondering a garage counts as a "temporary habitation"
Well, technically, I'd say no.

The law specifically names residences and vehicles. But by the definitions in ORC 2901.05-D:

Quote:
(2) “Dwelling” means a building or conveyance of any kind that has a roof over it and that is designed to be occupied by people lodging in the building or conveyance at night, regardless of whether the building or conveyance is temporary or permanent or is mobile or immobile. As used in this division, a building or conveyance includes, but is not limited to, an attached porch, and a building or conveyance with a roof over it includes, but is not limited to, a tent.
(3) “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as a guest.
(4) “Vehicle” means a conveyance of any kind, whether or not motorized, that is designed to transport people or property.
I'd say a garage would qualify as a "dwelling," not a "residence," and thus not be covered under the Castle Law.


That said, I think it'd take a pretty lousy lawyer (but I repeat myself) to lose that case for you.

Robert
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