On Friday 11 January 2002 07:34 am, Jim Choate wrote:
In Texas deadly force is legally justified to prevent the imminent
commission of burglary.
Actually it isn't.
This means you can shoot if someone is getting ready to break
in. You don't have to wait until they are inside.
Actualy they only time you can shoot somebody like this is AFTER DARK,
there are other caviats as well.
If you will reread your own link to the Penal code you see that only theft
and criminal mischief have the nighttime stipulation.
Sec. 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.
The Texas penal code
requires that you retreat instead of using deadly force if you have the
option unless you are using deadly force against someone who is
unlawfully entering your habitation. In that case you don't have to
retreat even if you can.
Better check that one again.
I've been burglarized three times.
The following statute is the one that says you have to retreat unless you are
at home. I am a Texas Department of Public Safety certified Concealed
Handgun License instructor. Commander Rodriquez, the DPS use of force
instructor explained that immenent commision means someone is getting ready
to do something. The statutes say that you have to have a reasonable belief
that someone is about to commit one of the above crimes and that deadly force
is necessary to prevent it. You don't even have to be right. You just have
to be able to explain to a jury why you belief was reaonable.
Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person is justified in
using deadly force against another:
~ ~ (1) if he would be justified in using force against the other under
Section 9.31;
~ ~ (2) if a reasonable person in the actor's situation would not have
retreated; and
~ ~ (3) when and to the degree he reasonably believes the deadly force is
immediately necessary:
~ ~ ~ (A) to protect himself against the other's use or attempted use of
unlawful deadly force; or
~ ~ ~ (B) to prevent the other's imminent commission of aggravated
kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or
aggravated robbery.
~ (b) [added 9/1/95] The requirement imposed by Subsection (a)(2) does not
apply to an actor who uses force against a person who is at the time of the
use of force committing an offense of unlawful entry in the habitation of the
actor.
Can't booby trap either.
The following statute says that you can install devices if they don't cause
death or serious bodily injury. Punji sticks are verboten. Rigged pepper
spray dispensing devices are not.
Sec. 9.44. USE OF DEVICE TO PROTECT PROPERTY. The justification afforded by
Sections 9.41 and 9.43 applies to the use of a device to protect land or
tangible, movable property if:
~ ~ (1) the device is not designed to cause, or known by the actor to create
a substantial risk of causing, death or serious bodily injury; and
~ ~ (2) use of the device is reasonable under all the circumstances as the
actor reasonably believes them to be when he installs the device.
David Neilson
