Quote:
|
Originally Posted by jthig32
So you're saying anyone with a concealed handgun can ride around looking for any kind of robbery, and shoot the burglars? Wrong.
|
I never said that. The following is the law, as posted by dalmations202:
Quote:
Texas Penal Code 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.
|
Show me where it states in this code that the property has to belong to you, or that the crime has to be committed on your property.
Quote:
|
Originally Posted by jthig32
It has to be your property, or a special exception to the law allows for a neighbor's property to be protected, if they specifically asked the person to watch it.
|
Texas Penal Code 9.42 doesn't state it has to be your own property. However, it does make reference to Penal Code 9.41, which follows:
9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person
in lawful possession of land or tangible, movable property is
justified in using force against another when and to the degree the
actor reasonably believes the force is immediately necessary to
prevent or terminate the other's trespass on the land or unlawful
interference with the property.
(b) A person unlawfully dispossessed of land or tangible,
movable property by another is justified in using force against the
other when and to the degree the actor reasonably believes the force
is immediately necessary to reenter the land or recover the
property if the actor uses the force immediately or in fresh pursuit
after the dispossession and:
(1) the actor reasonably believes the other had no
claim of right when he dispossessed the actor; or
(2) the other accomplished the dispossession by using
force, threat, or fraud against the actor.
So you're actually right. If you look at both codes, 9.42 includes 9.41.