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Posted: 5/17/2003 6:02:10 PM EDT
I was just watching a short story on one of the local news stations here in Dallas. It was reporting a defensive shooting of a burglar in a church. Then the reporter stated "Under Texas law, its legal to use deadly force to protect life or property, BUT ONLY AT NIGHT"? WTF?? Is this the law, or is she FOS? Jake
Link Posted: 5/17/2003 6:27:05 PM EDT
She is FOS. Check chapter 9 of the Texas Penal Code. You have the right to defend yourself and your property any time of the day or night.
Link Posted: 5/17/2003 6:33:33 PM EDT
[Last Edit: 5/17/2003 6:34:29 PM EDT by natez]
Yes, that is somewhat correct. You can use deadly force to protect yourself, under the correct circumstances, any time of the day. Under some circumstances, you may use deadly force to protect property, though sometimes only at night. Before you even think about using force in Texas, you should be familiar with Chapter 9 of the Penal Code. Specifically, with regards to protecting property, you want to know: § 9.42. Deadly Force to Protect Property A person is justified in using deadly force against another to protect land or tangible, movable property: (1) if he would be justified in using force against the other under Section 9.41; and (2) when and to the degree he reasonably believes the deadly force is immediately necessary: (A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or (B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and (3) he reasonably believes that: (A) the land or property cannot be protected or recovered by any other means; or (B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury. You can find all of Chapter 9 at: [url]http://www.capitol.state.tx.us/statutes/pe/pe0000900toc.html[/url]
Link Posted: 5/17/2003 6:43:41 PM EDT
I remember reading a story about a guy who shot a car theif one night through a hole in his garage door. He walked.
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