
Originally Posted by
pat_masac
Man, that sucks on so many levels. I hope you guys get your stuff back. Anyone who would do something like that deserves what they have coming in a BIG WAY! I'm in no way trying to incite anyone to violence so I'll just quote Texas Law. Texas is one of the few states that allows it citizens to use deadly force to protect property at night even if they are fleeing with the property (notice section 2(B))! I want to be very clear on that last point (this may give a few of you clues as to what I do for a living) as I'd hate to see any of you get in trouble. Now, would I use deadly force to protect property even though I legally can? Probably not. I, personally, wouldn't want to deal with the grand jury investigation and all that goes with it. BUT, you all should know the law so you can decide for yourselves if you happen to catch some asshole taking what you worked for and hold sacred. The following is from the Texas Penal Code (which are most of the criminal laws of our state):
§ 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.
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