Nightmare scenario. Lost in the woods. Or your car’s GPS gets you stuck on a rarely used logging road. Rainy and the temps are dropping into the 40’s. You’re in a T-shirt and jeans. You’ve been walking awhile and you’re soaking wet. Perfect conditions for hypothermia.
You find a cabin. Force the window open and survive the night by the fireplace.
Assuming you keep damage to an absolute minimum. Is there an exception to the normal criminal charges? Of course you got to pay for any damage, firewood, or food that you use.
I’ve always heard that there are survival rules that apply in emergencies. For example hunting game thats not in season. Or using a cabin/barn for emergency shelter.
I don’t know what the laws are, but in general the laws allow a person to do anything to save their own life. The law can be an ass though. No wait, sorry meant the lawmakers can be assholes.
Generally speaking, necessity is a defence to being accused of trespassing. If there’s an emergency and there’s no other viable option to protect your life or property, your probably in the clear. You can still be liable for any damage you do while seeking shelter though.
That’s interesting, given that he purposefully puts himself into harms way for the purpose of recording his attempts to survive.
If I really want to take a fancy car for a joyride, can I smash my phone, shoot myself in the foot, then steal it to drive to the hospital? Once I was dumb and reckless enough to remove my other options and injure myself, I had to do so to survive.
Some people leave their cabins stocked with some emergency supplies. They also don’t lock the door. Anybody that wanted in would get in somehow. They leave some canned goods, blankets, matches. Generally survival stuff.
The people I know with cabins in the wild leave them stocked with some dried foods, first aid supplies, firewood and the door unlocked. For exactly this reason.
Why would it matter ? Only the maddest legalist would put property rights above their own immediate danger. looks forward to piles of dead libertarians outside locked blizzard-struck cabins
IANAL, but I believe it would be up to the cabin owner to press charges. Then a prosecutor would have to believe there was a case worthy of filing charges. And a judge who decided that the prosecutor was right and the case deserved to be heard. More likely, if you agreed to pay for the wood and fix the window you’d walk.
When we had a cottage we always left food there over the winter for just such an emergency. Pasta, staples like flour and sugar, tea and coffee, spices, some canned goods… anything that would keep until next year. It wasn’t difficult to break into our cottage and there was nothing worth stealing, but if someone had to seek refuge, it was there.
Neighbours had someone ‘break’ into their cottage one winter seeking shelter. The intruders were kind enough to leave a note thanking them. It made for a good story. Much different than the break-ins that also occured where people were looking for liquor and things to steal.
The people i know who actually own cabins in the wilderness (my grandmother, and her sister) keep them locked up tight with boards bolted down over the windows and such to prevent people from breaking in and trashing the place. Despite that, every few years, they’ll go up to find some idiot tried to break down a door, or just left beer cans and bottles all over the patio.
Also, how the heck are you going to identify the owner of a cabin in the remote wilderness? stop by the police station when you get back to town, confess your action and offer to pay for the damages?!?!
Note: the cabin has a large covered patio and is raised several feet above the ground on posts, so there’s plenty of places for someone to take shelter without breaking in.
But: The legal doctrine of necessity holds that one may commit a crime if, absent that crime, a greater harm would have occurred: Had you not broken into a deserted cabin and stolen food and fuel (heat), what would have happened?
If not doing so meant you’d have to wait another 15 minutes for the next bus, you can reasonably expect prosecution if caught
If not doing so meant you’d die, you are probably safe (except in Florida and Texas and certain parts of Arizona (I keed - mostly).
The case I want to see is the one I posited in Traffic School - in instructor challenged anybody to come up with a situation under which DUI could be justified.
I shut him up with:
Kid is going to be dead in 15 minutes absent serious medical attention
Nearest medical facility is 10 minutes, and there is no ambulance en route.
You are the only person present who knows how to drive.
You’re 2 drinks over the line.
“Sorry kid, should have chopped your foot open an hour ago while I was still sober - sucks to be you”?
Two buddies and I actually did force our way into a summer cabin in the Sierras of California. We were young, ambitious, and got in way over our heads with too much snow, distance, etc. The coming night was going to be cold and we were tired and wet and unprepared.
We did no damage at all, stayed two nights, and had a wonderful time! It was a combination of idiot youth dumbshittery and oh-what-a-blast-we-had. :rolleyes:
I think an easy way to avoid problems would be to leave a note offering to pay for the damages as well as the food you ate. Add something about a witch in the woods chasing you too.
It could get ugly if the homeowner returned while a person was in the cabin.
Most people are sympathetic to a lost hiker or someone with a car broke down. But explaining yourself to an irritated homeowner (who may be armed) could be difficult. You’d want to look as harmless as possible and talk fast.
In WWII I’ve read that lost GI’s slept in haystacks to stay warm. But I haven’t seen a haystack in a field in years. They all bale hay now or make those huge rolls.
My BIL has a place in upstate New York in the mountains. He leaves the trailer unlocked over the winter as if hunters/skiers get caught out in a blizzard they would just break in anyway. He’s had the place for over 20 years now and it has happened more than once. Those that used the place left everything neat and replaced propane they used with a full tank. He doesn’t generally leave any food though, so those taking refuge are out of luck there.
No clue of the legality of it all but the locals told him way back when he first bought the land that was the best way to do it. In an emergency, shelters will be used. So don’t make it tougher.
I don’t have anything to add regarding the question. However, if I was in a situation where I found it necessary to break into a cabin/house/barn/whatever to survive, I would make as little mess as possible, try to do something for an immediate repayment such as sweep the floors, and try to contact the owner after the fact to replace what I used either in cash or in kind.
