Depending on the circumstances, I might have to shoot them... The use of deadly force introduces the element of preventing a crime against the person or property or preventing someone from fleeing after committing specific crimes. The statutes distinguish some crimes being committed at night. The following list contains a brief statutory definition of the crimes taken from the TPC when deadly force may be used to prevent their imminent commission: · Arson-starting a fire or caus- ing an explosion with the intent to destroy or damage vegetation, fence, structure, open-space land, building, habitat or vehicle. Exceptions and defenses are enumerated in Section 28.02. · Burglary-entering a habitation or building not open to the public or remaining concealed in a habitation or building with the intent to commit or at- tempt to commit a felony or theft. Section 30.02 elaborates on the exceptions and quali- fication of burglary. A habita- tion is a structure or vehicle adapted for overnight accom- modations (Section 30.01). A building is any enclosed struc- ture intended for use or occu- pation as a habitation or for trade, manufacture, ornament or use. A felony is any offense so designated by law or pun- ishable by death or confine- ment in the penitentiary (Sec- tion 1.07[23]). · Robbery-knowingly, intention- ally or recklessly causing bodily injury or knowingly or inten- tionally threatening or placing another in fear of imminent bodily injury while committing a theft (Section 29.02). · Aggravated robbery-causing serious bodily injury or using or exhibiting a deadly weapon while committing a robbery. Special rules apply to robbery of a disabled person or some- one 65 years or older (Section 29.03). · Theft-appropriating unlawfully the property of another with the intent to deprive the owner of the property. The appropria- tion is unlawful when the owner has not consented or when the property is known to have been stolen. Section 31.03 contains several pages describ- ing and defining theft. Consent is defined in Section 1.07(11) as assent in fact, whether express or apparent. · Criminal mischief-knowingly or intentionally damaging or destroying, tampering with or marking, inscribing slogans, drawing or painting on tangible property of another (Section 28.03). The list of crimes when deadly force may by used to prevent the culprit from fleeing with the prop- erty immediately after the commis- sion is quite similar to the one just given. The only difference is that arson and criminal mischief are dropped. The third and final qualification for the use of deadly force is the property owner's reasonable belief that the land or personalty can not be protected by any other means. Or, the property owner reasonably believes that if deadly force is not used, the property owner or some- one else will be exposed to a substantial risk of death or serious injury.
Scott Carullo Brevard Wireless 321-205-1100 x102 -------- Original Message -------- > From: "Travis Johnson" <t...@ida.net> > Sent: Saturday, September 05, 2009 11:32 AM > To: "WISPA General List" <wireless@wispa.org> > Subject: Re: [WISPA] Fw: [TowerTalk] Tower Vandalism > > -------------------------------------------------------------------------------- > WISPA Wants You! Join today! > http://signup.wispa.org/ > -------------------------------------------------------------------------------- > > WISPA Wireless List: wireless@wispa.org > > Subscribe/Unsubscribe: > http://lists.wispa.org/mailman/listinfo/wireless > > Archives: http://lists.wispa.org/pipermail/wireless/ -------------------------------------------------------------------------------- WISPA Wants You! Join today! http://signup.wispa.org/ -------------------------------------------------------------------------------- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
