Should it be legal to smash a car window if there's an at risk animal inside?

[I spent the winter writing songs about getting better]

Absolutely. I've heard of a couple cases of this happening and no one ever being charged for it.

[Blue3]

Yes but with common-sense limits.

(leaving a dog in a car with a cracked window when it's only 65 degrees for only 20 minutes... no, that's not at-risk)

[Mr. Reactionary]

No criminal penalties. Civil liability for the damage to the window with the possibility of an affirmative defense of necessity to the animal, but the window breaker would need to demonstrate it. In the bad cases, that shouldn't be too hard.

[RaphaelDLG]

No criminal penalties. Civil liability for the damage to the window with the possibility of an affirmative defense of necessity to the animal, but the window breaker would need to demonstrate it. In the bad cases, that shouldn't be too hard.

That sounds about right to me

[Atlas Has Shrugged]

No criminal penalties. Civil liability for the damage to the window with the possibility of an affirmative defense of necessity to the animal, but the window breaker would need to demonstrate it. In the bad cases, that shouldn't be too hard.

That sounds about right to me

^^^
If I see a dog inside a locked car with no window down and then see that nothing has changed within an hour, one's first instinct should be to call the police of course. They can probably remove a window without breaking it if anyone can.

[Okay, maybe Mike Johnson is a competent parliamentarian.]

No criminal penalties. Civil liability for the damage to the window with the possibility of an affirmative defense of necessity to the animal, but the window breaker would need to demonstrate it. In the bad cases, that shouldn't be too hard.

Affirmative defense of necessity is exactly where my mind went too. Isn't it great the things that people who share a love of the common law can agree on even when they disagree strongly politically?

[NeverAgain]

Can I add there should be the same rule for babies. Like 12 or so babies die every year from being left in the car too long and dying of heatstroke.

[Sir Mohamed]

Yes. The window can be replaced quickly.

[MASHED POTATOES. VOTE!]

Yes. Windows can be easily replaced, unlike an animal's life. If you put a living being at risk, you're responsible for your own window being smashed, not the one who actually did it.

[RINO Tom]

No criminal penalties. Civil liability for the damage to the window with the possibility of an affirmative defense of necessity to the animal, but the window breaker would need to demonstrate it. In the bad cases, that shouldn't be too hard.

That sounds about right to me

Yep.  I'd expect anyone who seriously thought the animal was in danger of dying and didn't think the police would get there first to act.

Also, Political Debate Forum, anyone??

[NeverAgain]

Can I add there should be the same rule for babies. Like 12 or so babies die every year from being left in the car too long and dying of heatstroke.

Update on this: A 3-year-old just died in a hot car. So I again say this should apply to people also!

[TDAS04]

Absolutely. 

[Kingpoleon]

Yes.

My grandfather smashed his own window because I got locked in his car with the keys when I was a baby and he couldn't wait ten minutes for the car company to get there. It's very sad that this isn't the case for babies nowadays.

[Mr. Reactionary]

Affirmative defense of necessity is exactly where my mind went too. Isn't it great the things that people who share a love of the common law can agree on even when they disagree strongly politically?

Very true my friend. Although I must confess, I'm not sure if my answer is more a love of common law or the daily mental beatings my bar prep course is putting me through.

[SATW]

Yes but with common-sense limits.

(leaving a dog in a car with a cracked window when it's only 65 degrees for only 20 minutes... no, that's not at-risk)

This.