Can any Texans verify this?

[swe123]

Note: Nighttime. It has been tested. A burglary on a vehicle on driveway, homeowner from 2nd floor window shot and killed would-be burglar. No charges filed

[h3][/h3]

Texas Penal Code

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 (Protection of One's Own Property); 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.

It has been tested many times. Old man shot a kid stealing chickens in San Antonio. No charges. Moral to the story is don't be messing around after dark.

 

[Recon$$]

It won't pass through the legislature, they are always trying stupid stuff thinking we are California (no offense intended toward those in Cali).

You see the last election results, scariest thing I saw this election. Few more hippies in Austin and Dallas and it's over.

 

[swe123]

There have also been bills to secede, filed in every legislature since reconstruction.

 

[antelopedundee]

Is it deadly force if the perp doesn't die?

 

[nmbarta]

Stand back and stand by.

 

[bamban]

There have also been bills to secede, filed in every legislature since reconstruction.

The Great State of Texas is the only one in the Lower 48s that is not dependent nor connected to any state for anything. One notable: There is the Eastern electric grid, the Western grid, and then there is ERCOT, the Texas grid. We have access to the ocean. We have oil, gas, refineries, and timber.

God Bless Texas.

 

[Mrvmax]

You see the last election results, scariest thing I saw this election. Few more hippies in Austin and Dallas and it's over.

That is true, it could happen in our future but fortunately right now it won't

 

[Varmint Hunter]

Without getting into a debate over the use of deadly physical force to protect property; my position is if someone illegally enters your home (and it always seems to be at night) you are already in your last place of retreat. You should be fully protected by the law when you use whatever force you think is necessary "at the moment". "Retreating" is a term used in a confrontation in the public domain and should NOT be used in referenced to an action taken in one's home.

Monday morning quarterbacking by juries, who can analyze the situation for week, is a great disservice to a law-abiding citizen that has already been a victim of a crime perpetrated in his place of safety.

 

[JMW67]

I see a shortage of shovels available for sale in TX in the coming months.

hell Im fixin to order a backhoe

 

[J E Custom]

The bottom line is that Most family men will defend and protect their own and not wait to see if the bad guy is going to harm or kill them.

When they enter someone's home, they give up their rights. It doesn't matter what their intent is/was.

I can't speak for others. But as the saying goes - Better to be tried by Twelve, than carried by six.

J E CUSTOM

 

[wbm]

The Bible states plainly, both OT and NT, that at the end of this "age" there will be globalization and one world government....we are seeing the beginning of that in the U.S. The 2nd won't fall by legislation it will fall by treaty. That is why Trump had our signature removed from the U.N. Arms treaty. There is nothing more powerful than "an idea whose time has come"....new world order and globalization is the new idea!